,♦ 


PERKINS  LIBRARY 

Dolce   Univeraitj 


Kare  Dooka 


Uecti' 


Oh 


OCK  1 


TKINITY  COLLEGE  LIBRARY 

DURHAM,   N.  C. 
1903 


)M 


Gift  of  Dr.  and  Mrs.  Dred  Peacock 


# 


.loriiNAL 


OF 


THE  CONVENTTON 


J- 


OY   Till-:    PKOVM-:    ni 


NORTH   CAItOIJ.XA 


HELJj    <»\ 


THE    20th    day    OF    MAY.    A.    U        1 80 


iTt  ^^ 


er 


•>.  RALEKi  11  : 

^     J>TO.   W.    SYME,   PRINTER   TO   THE    CONVENTIOX.- 

1862. 


A   * 


.1  0 11  R  N  A  T. 


OF  Tirt: 


STATE    CON  \  ENTION 


Bv  virtue  of' an  Act  of  the  Gcncnil  Assembly,  rutiiicd  on 
the  first  day  of  May,  A.  D.,  1861,  the  following  delegates  fruui 
tlic  aeveral  counties  within  this  State,  met  in  Convcutiou,  in 
the  Hall  of  the  House  of  Connuons,  in  the  citv  of  Raleidt,  at 
11  o'clock,  A.  M.,  on  the  20th  day  of  May,  in  the  year  afore- 
said, produced  their  credentials,  and  entered  upon  the  discharge 
of  their  duties : 


From  the 

County  of 

Alamance. 

Thomas  Ruffin. 

Alexander, 

A.  C.  Stewart. 

Ashe, 

Joel  E.  Foster. 

Anson, 

Albert  Myers. 

Beaufort, 

W.  J.  Ellison,  E.  J.  Warren. 

Bertie, 

S.  B.  Spruill. 

Bladen, 

Thomas  D.  McDowell. 

Brunswick, 

Thomas  D.  Mearcs. 

Buncombe, 

N.  W.  WoodHn. 

Burke, 

J  no.  C.  McDowell. 

Cabarrus, 

Caleb  Phifer. 

Caldwell, 

Edmund  W.  Jones. 

(jamden,    * 

Dennis  D.  Ferebee. 

Carteret, 

Charles  R.  Thomas. 

Ca.swell, 

Bedford  Brown.  John  A.  Grave; 

■2.^1^^ 


JOITRNAL   OF  THE 


[May  20, 


CataAvba, 

Chatham,     , 

Cherokee, 

Cleavchiurl, 

Cohunbut?, 

Craven, 

Cumberland. 

Currituck, 

Davidson, 

Davie, 

Du[diii, 

Edgecombe, 

Forsythe, 

Franklin. 

Gaston, 

iljrates, 

Granville, 

Greene. 

Guilford. 

Ila1ita.x. 

Harnett, 

Hayvrood, 

Henderi^on, 

Hertford, 

Hyde, 

Iredell. 

Johnston, 

Jones. 

Lenoir. 

Lincoln, 

Macon, 

Madison, 

Martin, 

McJ)o\vell, 

Mecklenburg, 

Montgomery, 

Moore, 


P.  C.  Henkel. 

J.  H.  Headen,  J.  Manning,  Jr.,  L.  L  Merritt. 

Allen  T.  Davidson. 

W.  J.  T.  Miller,  J.  W.  Tracy. 

Ivichard  Wootcn. 

George  Green,  John  D.  Whitford. 

David  McNeill,  Warren  Winslow. 

Henry  M.  Shaw," 

B.  C.  Douthitt,  B.  A.  Kittrell. 
Robert  Sprouse. 

Wm.  J.  Houston,  Joseph  T.  Rhodes. 

AVilliam  S.  Battle,  George  Howard,  Jr. 

llufus  L.  Patterson,  Thomas  J.  Wilson. 

Archibald  D.  Williams. 

Sidney  X.  Johnston. 

Alfred  J.  Watson. 

T.  L.  Hargrove,  A.  W.  Venable,  S.  S.  Royster, 

AVilliam  A.  Darden,  Jr. 

•lohn  A.  Gilmer,  Robert  P.  Dick. 

Richard  H.  Smith,  Charles  J.  Gee. 

Archibald  S.  McNeill. 

William  Hicks. 

William  M.  Shipp. 

Kenneth  Rayner. 

Edward  L.  Mann.        » 

Anderson  Mitchell,  Thomas  A.  Allison. 

Claudius  B.  Sanders,  William  A.  Smith. 

AVilliam  Foy. 

John  C.  Washington. 

William  Lander. 

C.  D.  Smith. 
Joseph  A.  McDowell, 
Asa  Biggs. 

flames  H.  Greenlee. 

AVilliam  Johnston,  James  AV.  Osborne. 

Samuel  H.  Christian. 

Hector  Turner. 


1861.] 


STA.TE.  CONmNTIOy. 


Nash,  Archibald  II.  .Vniiigton. 

New  Hanover,  William  S.  Ashe,  Robert  II.  CoWan. 

Northaiupton,  David  A.  Barnes,  John  M.  Moody. 

Onslow,  Edward  W.  Ward. 

Orange,  William  A.  Graham,  John  Berry. 

Pasquotank,  Kufus  K.  Speed. 

Perquimans,  Joseph  S.  Cannon. 

Person,  John  W.  Cunningham. 

Pitt,  Bryan  Grimes,  F.  B.  Satterthwaite. 

Ilandolpli,  William  J.  Long.  Alfred  G.  Foster. 

Richmond,  ^Valtcr  F.  Leak. 

Ilobeson,  John  P.  Fuller,  John  0.  Sutherland. 

Rockingham.  David  S.  Reid,  Edward  T.  Brodnax. 

Rowan,  Burton  Craige.  Hamilton  C.  Jones. 

Rutherford.  Jason  H.  Carson,  Micajah  Durham. 

Sampson,  Thomas  Bunting,  Robert  A.  Moselej. 

Stanly.  Ehen  Hearnc. 

Stokes,  John  Hill. 

Surry,  T.  V.  Hamlin. 

Tyrrell.  Eli  Spruill. 

Union,  H.  M.  Houston. 

Wake,  Geo.  E.  Badger,  K.  P.  ButiJe,  W.  VV.  Holdcn. 

Warren,  Weldon  N.  Edwards,  Fraiicis  A.  Thornton. 

Washington,  William  S.  Pettigrew. 

Watauga,  J.  W.  Councill. 

Wayne,  George  V.  Strong,  E.  A.  Thompson. 

Wilkes,  .Tames  Calloway,  Peter  Ellor. 

Yadkin,  R,  F.Armfield. 

Yancey,  M,  P,  Penland. 


A  (.|UoruH)  being  jjvcsent,  Mr.  Leak  nominaled  for  President. 
Hon.  Weldon  N.  Edwards,  of  AVarren. 

Mr.  Badger  nominated  Hon.  W.M.  A.  Gkaham,  of  Orange. 

Messrs.  Woodfin,  Speed  and  Amenable  were  requested  to  act 
MS  superintendents  of  the  election. 

Those  who  vot»Ml  fur  ^fr.  Fdwni'ds  werr. 


6  -TOURNAL   OF   THE  [May  20, 

Messrs.  Arrington,  Ashe,  Battle  of  Edgecombe,  Biggs,  Brod- . 
nax.  Brown,  Bunting,  Carson,  Cowan,  Craige,  Cimningham, 
Darden,  Durham,  Foy,  Fuller,  Gee.  Graves,  Green,  Greenlee, 
Grimes,  Hamlin,  Haigrovc,  Henkcl,  Ilicks,  Hill,  Houston  of 
Duplin,  Houston  of  Union,  Howard,  Johnston  of  Gaston, 
Johnston  of  Mecklenburg,  Lander,  Leak,  McDowell  of  Bladen, 
McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of  Cum- 
berland, Meares,  Miller,  Moody,  Moseley,  Myers,  Osborne, 
Penland,  Phifer,  Rayner,  Beid,  Rhodes,  Royster,  Ruffin,  Shaw, 
Smith  of  Halifax,  Stewart,  Strong,  Sutherland, '  Thompson, 
Thornton,  Tracy,  Venable,  Ward,  Washington,  Whitford,  Wil- 
liams, Winslow,  Woodfin  and  Wooten — 65. 

For  Mr.  Graham, 

Messrs.  Allison,  Armfield,  Badger,  Barnes,  Battle  of  Wake, 
Berry,  Bond,  Calloway,  Cannon,  Christian,  Councill,  Davidson, 
Dick,  Douthitt,  Eller,  Ellison,  Ferebee,  Foster  of  Ashe,  Foster 
of  Randolph,  Gilmer,  Hearne,  Headen,  Holden,  Jones  of 
Caldwell,  Jones  of  Rowan,  Kittrell,  Long,  Mann,  Manning, 
McNeill  of  Harnett,  Merritt,  Mitchell,  Patterson,  Pcttigrcw, 
Sanders,  Satterthwaite,  Shipp,  Smith  of  Johnston,  Smith  of 
Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrrel, 
Thomas  of  Carteret,  Turner,  Walton,  Warren  and  Wilson — 48. 
'  The  tellers  reported  that  Hon.  Weldon  N.  Edwards  having 
received  a  majority  of  the  votes  given,  was  duly  elected  Presi- 
dent ;  Avhereupon  he  was  conducted  to  the  Chair  by  Messrs. 
Leak  and  Badger,  and  returned  his  thanks  to  the  Convention 
in  an  eloquent  and  patriotic  address. 

Mr.  .Badger  presented  a  paper  for  the  consideration  of  the 
Convention,  the  reading  of  which  was  postponed  for  the  pur- 
pose of  completing  the  organisation  of  the  Convention. 

For  Principal  Secretary,  Mr.  Osborne  nominated  Walter 
L.  Steele,  of  Richmond  County. 

Mr.  Battle,  of  Wake,  nominated  .James  H.  Moore,  of  Guil- 
ford County. 

The  President  appoijited  Messrs.  Thompson  and  Winslow  to 
superintend  the  election. 

The  who  voted  for  Mr.  Steele  were. 


Mr.  President  and  Messrs.  Allison,  Arrington,  Ashe,  JJarnes. 
Battle  of  EdgecoiTlbc,  Biggs,  Brodnax,  Bond,  Bro-\vn,  Bunting,. 
Carson,  Christian,  jOoiincill,  CoAvan,  Craige,  Cnnningham,  Dar- 
den,  Durham,  PVreliee,  Foster  of  Randolph,  Foy,  Fuller,  Gee. 
Graves,  Green.  Greenlee,  Grimes,  Hamlin,  Hargrove,  Ilearne. 
Ileaden,  Hcnkel,  Ilicks,  Hill.  Houston  of  Duplin,  Houston  of 
Union,  Howard,  Johnston  of  Gaston,  J«dinston  of  Mecklenburg. 
Jones  of  Caldwell,  Jones  of  Rowan,  Lander,  Leak,  LoTig. 
Manning,  McDoAvell  ofBhulon,  McDowell  of  Burke,  McDowell  of 
i\Iadison,  McNeill  of  Harnett,  Meares,  Merritt.  :Mi11cr,  Mitchell. 
Moody,  Moselej,  Myers,  Osborne,  Patterson,  Penland,  Petti - 
grew,  Phifer,  Rayner,  Reid,  Rhodes,  Royster,  Ruflin",  Sanders. 
Satterthwaite,  Shaw,  Shipp,  Smith  of  Halifax,  Smith  of  Macon. 
Smith  of  John.ston,  Speed.  Spruill  of  Bertie,  Spruill  of  Tyrrel, 
Stewart,  Strong,  Sutherland,  Thomas  of  Carteret,  Thompson. 
Thornton,  Tracy,  Turner,  Venable,  Walton,  Ward,  AVarren, 
Washington,  Whitford.  Williams.  WInslo\\-  Wnodfin  and 
Wooten — 96. 

For  Ml".  Mooic. 

Messrs.  Armfield,  Badger,  Battle  of  Wake,  Berry.  Calloway. 
Cannon,  Davidson.  Dick,  Douthitt,  Eller,  Ellison,  Foster  of 
Aslre,  Gilmer,  Graham,  Holden,  Kittrcll,  Mann,  Sprousc  and 
Wilson— H». 

Mr.  Thompson,  from  the  Committee,  reported  that  Waiicr 
L.  Steele  having  received  a  mitjority  of  the  votes  given,  vras  dul  v 
elected  Principal  Secretary  of  the  Convention,  in  which  i-epori 
the  Convention  concurred. 

For  Assistant  Secretary,  Mr.  Barnes  nominated  Leonid,-\.s 
0.  Edwaki),-^,  of  Granville. 

Mr.  Miller  nominated  JuNiUt;  A.  Fox,  of  Mecklenbur>^ 

Mr.  Reid  nominated  Joseph  A.  Engelhard,  of  Edgecombe, 

Mr.  Venable  nominated  Samuel  A.  AVilliams,  of  Granville. 

Messrs.  Barnes  and  JMiller  were  appointed  a  Committee  to 
to  superintend  the  election. 

Those  who  voted  for  Mr.  Edwards  were, 

Messrs.  Allison,  Arndield,  Badger,  Barnes,  Battle  of  Wake, 
Berry,   Bund.    Biodanx,   Brown     Cdiiiou,    Cui-iou.    CIoiTiin. 


8  .KU'HNAI-    oK    THP.  [Mav  :iO. 

(Jow.'in,  Diividsoii.  Dick,  Duuthilt,  HllisuM.  Kei'ebee,  Foster  of 
Kandolph,  Foy.  Fuller,  (Tilmpr,  Grabum,  (xraves,  Greenlee, 
Hearne,  Henden,  Holden,  Joiie?<  of*  Rowan,  Kittrell,  Leak. 
Lon»,  Mann,  Manninir,  MeMeill  of  Oimiberland,  McNeill  of 
Harnett,  Mitchell,  Myers,  Pettigrew,  Pliifer,  Rhodes,  Ruffin, 
Sanders,  Satterthwaite,  Shipp,  Smith  of  Macon,  Speed,  Sprouse, 
Spniill  of  Bertie,  Spruill  of  Tyrrell,  Sutherland,  Thomas  of 
Carteret,  Watson,  Warren,  Washington,  Whitford  and  Wil- 
son—58. 

Foi-  Ml'.  Fingelhard, 

Messrs.  Ashe,  Battle  of  Edgecombe,  Biggs,  Bunting,  Callo- 
way, Counclll,  Cunningham,  Darden,  Eller,  Foster  of  Ashe, 
■Grimes,  Henkel,  Hicks,  Houston  of  Duplin,  TIowar<l,  Jones  of 
Caldwell,  McDowell  of  Bladen,  McDowell  of  Madison,  Merritt, 
Moseley,  Patterson,  Penland,  Reid,  Shaw,  Smith  of  Halifax, 
Strong,  Thf»mpson.  Tui-ner,  Waid.  Winslow,  Woodfin  and 
\Ynoten— 83. 

For  Mr.  Fox, 

Mr,  President  and  Messrs.  Craige,  Durham,  Houston  of 
Union,  Johnston  of  Gaston,  Johnston  of  Mecklenburg,  Lander, 
McDowell  of  Burke,  Miller,  Osborne,  Rayner  and  Tracy — 12. 

For  Mr.  Williams, 

Messrs.  Arrington,  Gee,  Hargrove,  Hamlin,  Moody,  Royster, 
Smith  of  .lobnston,  SteAvart,  Thornton,  A^^nable  and  Wil- 
I'uims — 11. 

Mr.  Bai-nes,  fioni  the  Committee,  reported  that  L.  C.  Ed- 
wards, having  received  a  majority  of  the  votes  given,  was  duly 
elected  Assistant  Sjecretary,  in  which  report  the  Convention 
concurred, 

Mr.  Biggs  offered  the  following: 

Hfisofved,  That  James  Page,  of  Randolph,  be  appointed 
Principal,  and  AYm.  R.  Lovell,  of  Surry,  Assistant  Doorkeeper 
of  this  Convention. 

Mr.  Meares  moved  to  amend  by  adding  the  name  of  John  (J. 
Moore,  of  Wake,  as  second  Assistant  Doorkeeper,  which  was 
agreed  to,  and  the  resolution,  as  amended,  was  adopted. 


18fil.]  STATE   CONVENTION.  9 

Al  tlie  suggestion  o\'  Mr.  \  enable,  prayer  was  ortfrcil  l»v 
Rev.  J.  W.  Tucker,  of  the  iM.  E.  Church  South. 

Th^  President  laid  before  the  Convention  the  following  coni- 
niunicatioii  from  Hon.  Frnnklin  .1.  Moses.  Commissioner  from 
the  State  of  South  Carolina  : 

Raleigh.  N.  C,  May  20th.  1861. 
To  tJir  71onorahh\  the  President  nnd  Memhe.r» 

of  the  Cmit^cnf/on  of  the.  State  of  North  Varolina : 
Gentlemen:  I  have  the  honor  to  inform  yon  that  I  have 
been  appointed  by  the  State  of  South  Carolina,  Commissioner 
to  lay  before  your  body  the  Ordinance  whereby  the  said  State 
seceded  fmui  the  Federal  I'nion,  known  as  the  United  States 
of  America,  and  respectfully  to  invito  your  co-operation  in  the 
formation  of  a  Southern  Confederacy. 

AVitli  tiiuch  respect,  yours, 

FRANKLIN  .1.  MIOSES. 

-THE  STATE  OF  SOUTH  CAROLINA. 

At  a  Convention  of  the  people  of  the  State  of  South  Caro- 
lina, begun  and  holden  at  Columbia,  on  the  seventeenth  day  ol" 
December,  in  the  year  of  Our  Lord,  one  thousand  eight  hun- 
dred and  sixty,  and  thence  continued  by  adjournment  to 
Charleston,  and  there  by  divers  adjournments,  to  the  20th  dav 

of  December,  in  the  same  year  : 

« 

••Ax  Ordinance  to  dissolve  the  Union  between  the  Stati: 
OF  South  Carolina  and  other  States  vnited  with  her 

UNDER   the  compact  ENTITLED   "•  The  CONSTITUTION  OF  THU 

United  States  op  America.' 

"  We,  the  people  of  the  State  of  South  Carolina,  in  Conven- 
tion assembled,  do  declare  and  ordain,  and  it  is  hereby  declared 
and  ordained,  That  the  Ordinance  adopted  by  us  in  Conven- 
tion on  the  twenty-third  day  of  May,  in  the  year  of  Our  Loid, 
one  thousand  seven  hundred  and  eighty-eight,  whereby  the 
Constitution  of  the  United  Stales  of  America  was  ratified,  and, 
also,  all  acts  and  parts  of  acts  of  the  General  Assembly  of 
this   tState,  ratifying   amendments  of    said    Constitution,    are 


K.I  .JOlKNAl.    OF   TIIK  [May  I'O. 

liereby  repealed,  and  that  tlie  Union  now  subsisting  between 
South  Carolina  and  other  States,  under  the  name  oi"  -'The 
Tnited  States  of  America,'-'  is  hereby  dissolved. 

Done  at  Charleston  on   the   20th  day  of  Decem))er,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  sixty.  ' 
[Signed,]  D.  F.  JAMISON, 

Deh'ffati'  for  Barnwell,  and  President 

of  the  Convention,  and  stigned  by 
Attest :  the  memher».  of  the  Convention. 

[Signed,] 
B.  F.  Arthur,  Clerk  of  the  Convention. 

Messrs.  Ruffin  and  Venable  were  appointed  a  Committee  to 
invite  the  Commissioner  into  the  Convention.  Hon.  Mr.  Moses 
then  appeared,  was  introduced  by  the  President,  and  proceeded 
to  the  discharge  of  the  mission  with  wliii-h  he  was  intrusted  l»y 
the  State  of  South  Carolina. 

Mr.  Venable  introduced  the  following  rcsoliuion,  which  was 
agreed  to : 

Resolved,  That  the  Clergy  of  the  city  of  Raleigh  be  invited  lo 
attend,  under  such  arrangement  as  they  make  among  them- 
selves, the  sessions  of  this  Convention,  and  open  the  delibera- 
tions of  the  same  with  prayer  to  Almighty  God  for  his  guidance 
and  protection. 

The  paper  heretofore  presented  by  Mr.  Badger  Avas  iht-n 
read  as  follows  : 

A2s  Ordinance  declaring  the  separation  of  North  Cai;- 
OLINA  from  the  United  States  of  America. 

Whereas,  Abraham  Lincoln,  of  Illinois,  and  Hannibal 
Hamlin,  of  Maine,  were  chosen  President  aTid  Vice  President 
of  the  United  States  by  a  party  in  fact  and  avowedly  entirely 
sectional  in  its  organization,  and  hostile  in  its  declared  princi- 
ple? to  the  institutions  of  the  Southern  States  of  the  Union, 
and  thereupon,  certain  Southern  States  did  separate  themselves 
from  the  Union,  and  form  another  and  independent  government, 
under  the  name  of  '*  The  Confederate  States  of  America;" 
and,  ivhereas,  the  people  of  North  Carolina,  though   jur>tly 


1861.]  STATE   COXVENTIO>'.  11 

aggrieved  hy  the  evident  tendency  of  tliif  cleciiuu.  and  of 
these  principles,  did,  nevertheless,  abstain  from  adopting  any 
such  measure  of  separation,  and  on  the  contrary,  influenced 
by  an  ardent  attachment  to  the  Union  and  Constitution  which 
their  fathers  liad  transn)ittod  to  them,  did  remain  in  the  said 
Union,  loyally  discharging  all  their  duties  under  the  Constitu- 
tion, in  the  hope  that  what  was  threatening  in  public  aifaihs 
might  yield  to  the  united  efforts  of  patriotic  men  from  every 
part  of  the  nation,  and  by  these  efforts  such  guarantees  for 
the  security  of  our  rights  might  be  obtained  as  should  restore 
confidence,  renew  alienated  ties,  and  finally  rc-unitc  all  the 
?States  in  a  common  bond  of  fraternal  Union  ;  meantime,  chccr- 
liilly  and  faithfully  exerting  whatever  influence  they  possessed 
for  the  accomplishment  of  this  most  desirable  end  ;  and,  wliereax, 
things  being  in  this  condition,  and  the  people  of  this  State 
indulging  this  hope,  the  said  Abraham  Lincoln,  President  of 
the  United  States,  did,  on  the  sixteenth  day  of  April,  by  his 
proclamation,  call  upon  the  States  of  the  Union  to  fui'nish 
large  bodies  of  troops  to  enable  him,  under  the  false  pretense 
of  executing  the  laws,  to  march  an  army  into  the  seceded 
States  with  a  view  to  their  subjection  under  an  arbitrary  and 
military  authority,  there  being  no  law  of  Congress  authori^ng 
.■r-uch  calling  out  of  troops,  and  no  constitutional  right  to  use 
them,  if  called  out,  for  the  purpose  intended  by  him ;  *and, 
u'ftereaa,  this  call  for  troops  has  been  answered  throughout  the 
northern,  northwestern  and  middle  non-slaveholding  States  with 
enthusiastic  readiness,  and  it  is  evident  from  the  tojie  of  the 
entire  press  of  those  States,  and  the  open  avowal  of  their  pub- 
lic men,  that  it  is  the  fixed  purpose  of  the  government  and 
people  of  those  States  to  wage  a  cruel  war  against  the  seceded 
States,  to  destroy  utterly  the  fairest  portion  of  this  continent, 
and  reduce  its  inhabitants  to  absolute  subjection  and  abject 
slavery:  -And.  wha-eas,  in  aid  of  these  detestable  plans  and 
wicked  measures,  the  said  Lincoln,  without  any  shadow  of 
rightful  authority,  and  in  plain  violation  of  the  Constitution 
of  the  United  States,  has,  by  other  proclamations,  declared  the 
ports  of  North  Carolina,  as  well  as  all  the  other  Atlantic  and 


12  JOURNAL   or   THE  [^sIay  20, 

Gulf  States,  under  blockade:  tliu?  .-reiving  Id  cut  nfi'  our  tv;idc 
-ivith  all  parts  of  the  world: 

And,  u'hereas,  since  his  accession  to  power,  the  whole  con- 
duct of  the  said  Lincoln  has  been  marked  by  a  succession  of 
false,  disingenuous  and  treacherous  acts  and  declarations,  prov- 
inff  incontestibly  that  he  is,  at  least  in  his  dealings  with  {^outh- 
eni  States  and  Southern  men,  void  of  faith  and  honor : 

And,  zvJiereas,  he  is  now  governing  by  military  rule  alone, 
enlarging  by  new  enlistments  of  men,  both  the  military  and 
naval  force,  without  any  authority  of  law,  having  set  aside  all 
constitutional  and  legal  restraints,  and  made  all  constitutional 
and  legal  rights  dependent  upon  his  mere  pleasure,  and  that  of 
his  military  subordinates;  and,  9vhereas,  all  his  unconstitutional, 
illegal  and  oppressive  acts,  all  his  wicked  and  diabolical  pur- 
poses, and,  in  his  present  position  of  usurper  and  military 
dictator,  he  has  been  and  is  encouraged  and  supported  by  the 
great  body  of  the  people  of  the  non-slaveholding  States : 

Therefore,  this  Convention,  now  here  assembled,  in  the  name 
and  with  the  sovereign  power  of  the  people  of  North  Carolina, 
doth,  for  the  reasons  aforesaid,  and  others,  and  in  order  to  pi'c- 
serye  the  undoubted  rights  and  liberties  of  the  said  people, 
hereby  declare  all  connection  of  government  between  this 
State  and  the  United  States  of  America  dissolved  and  abro- 
gated, and  this  State  to  be  a  free,  sovereign  and  independent 
State,  owing  no  subordination,  obedience,  support  or  other  duty 
to  the  said  United  States,  their  Constitution  or  authoi-ities, 
anything  in  her  ratification  of  said  Constitution,  or  of  any 
amendment  oi-  amendments  thereto  to  the  contrary  notwith- 
standing; and  having  full  power  to  levy  war,  conclude  peace, 
contract  alliances,  and  to  do  all  other  acts  and  things  which 
independent  States  may  of  right  do :  and  appealing  to  the 
Supreme  Governor  of  the  world  for  the  justice  of  our  cause, 
and  beseeching  Him  for  his  gracious  help  and  blessing,  we  Avill. 
to  the  uttermost  of  our  power,  and  to  the  last  extremity,  main- 
tain, defend  and  uphold  this  declaration."" 

Mr.  Craige  oftVred  the  following  as  a  substitute, for  tlic  torc- 
Uoing  : 


1861.]  STATE    CONVEXTION.  IS 

"Ax  OlUHXANCE  DI.«S0LV1N(;  THE  UxiON  BETWEEN  THE  STATE 

OK  North  (\\1!oli\a  and  the  other  States  united  with 

HER  UNDER  THE  COMPACT  OF  GOVERNMENT,  ENTITLED,  "ThE 

Constitution  of  the  United  States." 

IfV,  the  people  of  the  State  of  North  Carolina  in  Convailivn 
HKiiembled,  do  declare  and  ordain,  and  it  is  hereOt/  declared  and 
ordained,  That  the  ordinance  adopted  by  tlio  State  of  North 
Carolina  in  the  Convention  of  1780,  whereby  the  Constitution 
of  tlie  United  States  was  ratified  and  adopted  ;  and  also  all 
•.u-{^  and  parts  of  acts  of  the  General  Assembly,  ratifying  and 
adopting  amendments  to  the  said  Constitution,  are  hereby 
repealed,  rescinded  and  abrogated. 

We  do  further  declare  and  ordain,  That  the  Union  now  sul.- 
sisting  between  the  State  of  North  Carolina  and  the  other 
States,  under  the  title  of  "The  United  States  of  America."  is 
hereby  dissolved,  and  that  the  State  of  North  Carolina  is  in 
full  possession  and  exercise  of  all  those  rights  of  sovereigntv 
which  belong  and   appertain  t<.  ;,  fV<-c  :ind   independent   State. 

-Mr.  Barnes  moved  thai  tin-  Convention  sit  with  closed  doors 
which  was  not  agreed  to :  Ayes  FA,  noes  50. 

The  question  now  being  on  the  substitute  offered  l)v  Mr. 
Craige. 

Mr.  Ruflin  moved  iliut  the  subject  lie  on  the  table  Avith  ;i 
view  to  the  appointment  of  a  committee  to  prepare  and  report 
an  ordinance  of  separation,  which  was  not  concuncd  in:  Ayes 
44,  noes  40. 

The  question  recmring  on  the  motion  of  .Mr.  Crai«re, 

Mr.  Ferebee  asked  that  the  question  be  divided,  so  that  the 
vote  should  first  be  taken  on  striking  out.  It  was  so  ordered, 
and  the  question  being  put,  '•  Wilt  the  Convention  agree  to 
strike  out  "r"  it  was  determined  in  the  affirmative,  on  a  call  of 
the  yeas  and  nays,  pn  motion  of  Mr.  Bi<-'.i-s. 

Those  voting  in  the  affirmative  were, 

Mr.  President  and  Messrs.  Arringfon.  Ashe.  Battle.  ,,f 
Edgecombe,  Biggs,  Brodnax,  Brown,  Bunting,  Carson,  Cowan, 
(■raige,  Cunningham,  Darden,  Durham,  Ellison,  Eosiei-  ..f 
Ashe,  Fuller,  Gee,  Graves,  Green,  Greenlee,  Grimes,  Hamlin. 


14  JOCRXAL   OF   THE        ^        [May  20, 

Iluigiove.  llt.'anie,  llenkel,  Hicks,  Ilil],  lluiisluii.  nf  jJuplin, 
Housloii,  of  Union,  lIoAvard,  Johnston,  of  (ja.ston.  Johnston, 
of  Mecklenburg,  Lander,  Leak,  McDowell,  of  Bladen,  McDow- 
ell, of  Burke,  McDowell,  of  Madison,  McNeill,  of  Cumberland, 
McNeill,  of  Harnett,  Meares,  Miller,  Moody,  Moseley,  Myers, 
Osborne,  Patterson,  Penland,  Phifer,  Rayncr,  Pieid,  Rhodes, 
Roystcr,  Ruffin,  ShaAv,  Shipp,  Smith,  of  Halifax,  Stewart, 
Strong,  Sutherland,  Thompson,  Thornton,  Traccy,  Turner, 
Ycnable,  AVard,  AYarren,  Washington,  Williams,  Winslow, 
Woodfin  and  Wootcn — 72. 

In  the  negative, 

Messrs.  Atkinson,  Arinficid,  iiadgcr,  Barnes,  Rattle,  of 
Wake,  Berry,  Bond,  Calloway,  Cannon,  Christian,  Councill, 
Davidson,  Dick,  Douthitt,  Eller,  Ferebee,  Foster,  of  Randolph, 
Gilmer,  Graham.  Headen,  Holdcn,  eJones,  of  Caldwell,  Jones, 
of  Rowan,  Kittrell,  Long,  Mann,  Manning,  Merritt,  Mitchell, 
Pettigrew,  Sanders,  Satterthwaite,  Smith,  of  Johnston,  Speed, 
Sprouse,  Spruill,  of  Bertie,  Spruill,  of  Tyrrell,  Thomas,  Wal- 
ton and  Wilson  -40. 

So  the  Convention  agreed  to  strike  out. 

AYilliam  H.  Thomas,  Delegate  from  Jackson  county,  pre- 
sented his  credentials  and  took  his  seat  in  the  Convention. 

The  (juestion  recurring  upon  the  insertion  of  the  amend- 
ment of  Mr.  Craige, 

Mr.  Ruffin  moved  to  amend  the  same  so  that  it  should  read 
as  .follows  :  "  Wc,  the  people  of  the  State  of  North  Carolina  in 
Convention  assembled,  do  declare  and  ordain,  that  the  Union 
now -subsisting  between  the  State  of  North  Carolina  and  the 
other  States,  under  the  title  of  "  The  Ignited  States  of  Amer- 
ica," is  hereby  dissolved,  and  that  the  State  of  North  Carolina 
is  in  full  possession  and  exercise  of  all  those  rights  of  sover- 
eignty which  belong  and  appertain  to  a  free  and  independent 
State." 

Upon  this  question  the  yeas  and  nays  were  ordered,  on  motion 
of  Mr.  Ashe,  and  resulted  as  follows  : 

Yeas — Messrs.  Allison,  Armfield,  Barnes,  Battle  of  Wake, 
Berry,  Bond,  Brodnax,  Calloway,  Cannon,  Christian,  Davidson, 


18*>1.]  STATK    CONVEXTTOX.  I.- 

Dick. Doutliit,  Ellor.  Ellison,  Fcrebee,  Foster  of  Ivandolph. 
(lilmer,  Graham,  Iloarne,  I  leaden,  Holdeu,  Jones  of  Caldwell, 
Jones  of  Rowan,  Kittrell,  Long,  Mann,  Manning,  Movritt. 
Mitchell,  Patterson,  Pettigrew,  Sanders,  Satterthwaite,  Sliipp. 
Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Spruill  of 
Bertie,  Spruill  of  Tyrrell,  Thoma.i  of  Carteret,  Walton,  Wa>Ii- 
ington,  Warren,  AVhitford  and  Wilson — UK 

Nays — Mr.  ['resident  and  Messrs,  Arrington,  Ashe,  Battle  ol 
Edgecombe,  Biggs,  Bro\Yn,  Bunting,  Carson,  Councill,  Cowan. 
Craige,  Cunningham,  Darden,  Durham,  Foster  of  Ashe,  Foy, 
Fuller,  Gee,  Graves,  Green,  Greenlee,  Grimes,  Hamlin,  Har- 
grove, Hicks,  Hill,  Houston  of  Duplin,  Houston  of  Union, 
Howard,  Johnston  of  Gaston,  Johnston  of  Mecklenburg,  Lan- 
der, Leak,  McDowell  of  Bladen,  McDowell  of  Burke,  McDowell 
of  Madison,  McNeill  of  Cumberland,  McNeill  of  Harnett, 
Mearcs,  Miller,  Moody,  Moselo}',  Myers,  Osborne,  Penland, 
Phifer,  Rayner.  Beid,  Rhodes,  Koyster,  Shaw,  Smith  of  Halfax, 
Stewart,  Strong,  Sutherland,  Thomas  of  Jackson.  Tiiompson, 
Thornton,  Tracy,  Turner,  A' enable.  Wuril.  Williams.  Win<;1o\v. 
Woodfm  and  Wooten — 60. 

So  the  amendment  <lid  not  prevail. 

The  amendment  of  Mr.  Craige  was  adopted,  and  the  question 
recurring  on  the  passage  of  the  Ordinancf*,  it  was  unanimouslv 
agreed  to,  as  follows  : 

Ayes — Mr.  President  and  ]\[cssrs.  Allison,  Armfiold,  Arring- 
ton, Ashe,  Barnes,  Battle  of  Edgecombe,  Battle  of  Wake,  Berrv, 
Biggs,  Bond,  Brodnax,  Brown,  Bunting,  Calloway,  Cannon, 
Carson,  Christian,  Cuwan,  Councill,  Craige,  Cunningham,  Dar- 
den, Davidson,  Dick,  Douthitt,  Durham,  Eller,  Ellison,  Ferebee. 
Foster  of  Ashe,  Foster  of  Randolph,  Foy,  Fuller,  Gee,  Gilmer, 
Graham,  Graves,  Green,  Greenlee,  Grimes,  Hamlin,  Hargrove, 
Hearne,  Headen,  Hicks,  Holden,  Hill,  Houston  of  Duplin, 
Houston  of  Union,  Howard,  Johnston  of  Gaston,  Johnston  of 
Mecklenburg,  Jones  of  Caldwell,  Jones  of  Rowan,  Kittrell, 
Lander,  Leak,  Long,  Mann,  Manning,  McDowell  of  Bladen, 
McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of  Cum- 
berland, McXeiU  of  Harnett,  Meares,  Merritt,  Miller,  Mitchell, 


STATE    rO^'VKNTloN.  [M.w 


•>ii 


jMoody,  Moseley,  Myers,  Osborne,  Patterson,  Penlanil,  Petti- 
grew,  Phifer,  Rayner,  Rhodes,  Reid,  Royster,  Ruffin,  Sanders. 
Satterthwalte,  SliaAv,  Shipp.  Smith  of  Hahfax,  Smitli  of  .John- 
ston, Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Spruill 
of  Tyrrell,  Sutherland.  Stewart,  Strong,  Thomas  of  Carteret, 
Thomas  of  Jackson,  Thompson,  Thornton,  Tracy,  Turner,  Amen- 
able, AValton,  Ward,  Warren,  Washington,  Whitford,  Williams. 
Wilson,  Winslow,  Woodfin  and  Wooten — 115. 

Mr.  Rayner  moved  that  the  Ordinance  be  enrolled  upon  parcli- 
ment  and  signed  in  open  session  on  to-morrow  at  12  o'clock,  M. 

Mr.  Barnes  moved  to  amend  by  the  appointment  of  a  Com- 
mittee of  five  to  prepare  the  parchment  and  make  arrangements 
as  to  the  time  when  the  signatures  of  the  members  should  be 
aflixed ;  and  that  the  committee  give  due  notice  thereof,  so  that 
the  solemn  and  important  ceremony  could  be  Avitnessed  by  the 
people  of  the  State  :  and  it  was  agreed  to. 

The  President  appointed  on  the  committee  Messrs.  Barnes, 
Rayner,  A'^enable,  Ruffin  and  Craige. 

Mr.  Howard  gave  notice  that  the  seat  of  Mr.  Gee  of  Halifax, 
Avould  be  contested  by  L.  AV.  Batchelor,  and  he  then  presented 
some  papers  relating  to  the  contest. 

Air.  Smith,  of  Halifax,  moved  tlie  appointment  of  a  commit- 
Ifi-  on  election,  which  was  agree<l  to,  and  the  President  nn- 
nounoed  that  the  following  delegates  constitute  said  committee: 
Messrs.  Howard,  Thornton,  Barnes,  Battle  of  "W^ake,  and 
Biggs. 

On  motion  of  Mr.  Keid,  a  committee  on  Rules  was  appointed, 
with  instructions  to  report  as  eatly  as  possible  ;  and  Alessrs. 
Reid,  Graham,  Meares,  Gilmer  and  Biggs  were  appointed  to 
constitute  the  same. 

Air.  Whitford  introduced  the  following  ordinance,  which,  on 
his  motion,  was  referred  to  a  select  committee  of  seven : 

Bi'  it  ordained,  That  the  flag  of  this  State  shall  be  a  IjIuo 
field  with  a  white  V  thereon,  and  a  star,  incircling  which  sluill 
be  the  words,  '•'.san/it  asfrurn,  May  20th,  1775." 

My.  Aleares  inti-oducod  the  followino-  : 


1861.]  JOURNAL   OF   THE  17 

An  Ordinance  to  ratify  the  Constitution  op  the  Pro- 
visional Government  of  the  Confederates  States  of 
America. 

We,  the  i>€^pl^  of  ^orth  Carolina  in.  Convention  assembled, 
do  declare  and  ordain,  and  it  is  hereby  declared  and  ordained, 
That  the  State  of  North  Carolina,  does  hereby  assent  to  and 
ratify  the  Constitution  of  the  Provisional  Government  of  the 
Confederate  States  of  America,  adopted  at  Montgomery,  in  the 
State  of  Alabama,  on  tlie  eighth  day  of  February,  A.  D., 
1861,  by  the  Convention  of  delegates  from  the  States  of  South 
Carolina,  Georgia,  Florida,  Alabama,  Mississippi  and  Louisiana^ 
and  that  North  Carolina  will  enter  into  the  Federal  Association 
of  States  upon  the  terms  therein  proposed,  when  admitted  by 
the  Congress,  or  any  competent  authority  of  the  Confederate 
States. 

Done  at  Raleigh,  on  the  twentieth  day  of  May,  in  the  year 
of  our  Lord,  one  thousand  eight  hundred  and  sixty-one. 

Mr.  Graham  moved  that  the  Convention  do  now  adjourn, 
which  was  not  agreed  to :  Ayes  39,  noes  64. 

Mr.  Dick  offered  the  following  amendment  to  the  ordinance  of 
Mr.  Meares :  "And  this  ordinance  to  be  in  full  force  and  effect 
when  ratified  by  the  legal  voters  of  this  State,  at  an  election  to 
be  held  ;  the  day  and  manner  of  holding  said  election  to  be 
fixed  and  provided  for  by  this  Convention." 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion  of 
Mr.  Diek,  and  resulted  as  follows : 

Ayes — Messrs.  Allison,  Armfield,  Berry,  Bond,  Calloway, 
Cannon,  Council],  Davidson,  Dick,  Douthitt,  Eller,  Ellison,  Fere- 
bee,  Foster  of  Randolph,  Gilmer,  Graham,  Headen,  Jones  of 
Caldwell,  KittrcU,  Long,  Mann,  Manning,  Merritt,*  Mitchell, 
Sanders,  Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse, 
Spruill  of  Bertie,  Thomas  of  Carteret,  Warren,  Woodfin  and 
AVilson— 34. 

Noes — Mr.  President,  and  Messrs.  Arrington,  Ashe,  Barnes, 
Battle  of  Edgecombe,  Biggs,  Brodnax,  Brown,  Bunting,  Carson, 


18  STATE   CONVENTION.      .         [May  20, 

Cowan,  Craige,  Cminingliara,  Darden,  Durham,  Foster  of  Ashe.. 
Foy,  Fuller,  Gee,  Graves,  Green,  Greenlee,  Hamlin,  Hargrove, 
Henkel,  Hicks,  Hill,  Houston  of  Duplin,  Houston  of  Union, 
Howard,  Johnston  of  Gaston,  Johnston  of  Mecklenburg,  Lan- 
der, Leak,  McDo\yc11  of  Bladen,  McDowell  of  Burke,  McDowell 
of  Madison,  McNeill  of  Cumberland,  McNeill  of  Harnett, 
Meares,  Miller,  Moody,  Moseley,  Myers,  Osborne,  Penland. 
Pettigrew,  Rayner,  Ueid,  Rhodes,  Royster,  Ruffin,  Satter- 
thwaite,  Shaw,  Shipp,  Smith  of  Halifax,  Spruill  of  Tyrrell, 
Stewart,  Strong,  Sutherland,  Thomas  of  Jackson,  Thompson, 
Thornton,  Tracy.  Turner,  Venable,  Walton,  Ward,  Washington, 
Whitford,  Winslow  and  Wooten — 72. 

So  the  amendment  was  not  agreed  to. 

The  question  then  recurring  on  the  passage  of  the  ordinance, 
as  introduced  by  Mr.  Meares,  it  was  agreed  to  unanimously. 

Mr.  Venable  offered  the  following  : 

An  Ordinance  to  ratify  the  Constitution  of  the  Confed- 
erate States  of  America. 

We,  the  jJeople  of  North  Carolina  in  Convention  assemhled, 
do  declare  and  ordain,  and  it  is  hereby  declared  and  ordained. 
That  the  State  of  North  Carolina  does  hereby  assent  to  and 
ratify  the  articles  of  compact  called  "  The  Constitution  of  the 
Confederate  States  of  America,"  adopted  at  Montgomery,  in 
the  State  of  Alabama,  on  the  eleventh  day  of  March,  A.  D., 
1861,  by  the  Convention  of  Delegates  of  Alabama,  Florida, 
Georgia,  Louisiana,  Mississippi,  South  Carolina  and  Texas,  and 
does  hereby  agree  to  enter  into  a  Federal  association  of  States 
upon  the  terms  therein  proposed. 

Done  at  Raleigh,  on  the  twentieth  day  of  May,  in  the  year 
of  our  Lord,  one  thousand  eight  hundred  and  sixty-one. 

And  then,  at  half-past  six  o'clock,  P.  M.,  the  ever  memorable 
twentieth  day  of  May,  the  Convention  adjourned  until  to- 
morrow mornina:  at  11  o'clock. 


1861.1  STATE  CONVENTION.  19 

IN   CONVENTION,  Tuesday,  May  21,  18H1. 

The  Convention  met  pursuant  to  adjournment — the  President 
in  the  Chair. 

By  request,  Rev.  Chas.  F.  Deems,  D.  D.,  of  M.  E.  Church, 
youth,  opened  the  session  with  prayer. 

Ralph  Gorrell,  one  of  the  delegates  from  Guilford,  and  Giles 
Mebane,  one  of  the  delegates  from  Alamance,  appeared,  pro- 
duced their  credentials  and  took  their  seats. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Mebane  asked  to  have  it  stated  on  the  journal  that  if  he 
had  been  present  on  yesterday,  on  the  passage  of  the  ordinance 
of  separation,  he  would  have  voted  in  the  affirmative  ;  and  it 
was  so  ordered. 

Mr.  Reid,  from  the  Committee  on  Rules,  reported  the  follow- 
ing, being  the  same  as  those  adopted  by  the  Convention  of 
1835,  with  certain  amendments  : 

Rules  for  the  Government  of  the  Convention. 

1.  [Relates  to  opening  sessions  with  prayer.] 

2.  When  the  President  takes  the  chair,  each  member  shall 
take  his  seat,  and  on  the  appearance  of  a  quorum,  the  journal 
of  the  preceding  day  shall  be  read. 

3.  When  any  nieraber  is  about  to  speak  in  debate,  or  deliver 
any  matter  to  the  Convention,  he  shall  rise  from  his  seat  and 
respectfully  address  himself  to  the  President,  and  shall  confine 
himself  to  the  (question  under  debate,  and  avoid  personality.  And 
when  two  or  more  members  happen  to  rise  at  once,  the  Presi- 
dent shall  name  the  one  who  is  first  to  speak.  No  member 
shall  speak  oftener  than  twice  on  the  same  question,  without 
leave  of  the  Convention.  And  when  any  member  is  speaking, 
he  shall  not  be  interrupted  by  any  person,  either  by  speaking 
or  by  standing,  or  passing  between  him  and  the  chair. 

4.  If  any  member,  in  speaking  or  otherwise,  transgress  the 
rules  of  the  Convention,- the  President  shall,  or  any  member  may 
call  him  to  order,  in  which  case  the  member  so  called  to  order 
shall  immediately  sit  doAvn,  unless  permitted  to  explain,  and  the 
Convention  shallj  if  appealed  to,  decide  on  the  case,  but  without 


20  .lOURNAL   OF   THE  [May  21. 

(k'bale.  If  there  he  no  appcul,  the  decision  of  the  chair  ^hn\\ 
be  submitted  to.  If  the  decision  be  in  favor  of  the  member 
called  to  order,  he  shall  be  at  liberty  to  proceed  ;  if  otherwise, 
and  the  case  require  it,  he  shall  be  lialde  to  the  censure  of  the 
Convention. 

5.  If  any  member  be  called  to  order  for  words  spoken,  the 
exceptionable  words  shall  immediately  be  taken  down  in  writing, 
that  the  President  may  be  better  enabled  to  judge  of  the  mutter. 

6.  When  a  (juestion  is  undi-r  debate,  no  motion  shall  be 
received  to  adjourn,  to  lie  on  the  table,  to  postpone  indefinitely, 
to  postpone  to  a  day  certain,  to  commit,  or  to  amend ;  which 
several  motions  sliall  have  precedence  in  the  order  they  stand 
arranged,  and  the  motion  for  adjournment  shall  always  be  in 
order. 

7.  Whenever  a  question  shall  be  divisible,  upon  motion,  the 
same  shall  be  divided,  and  the  <iue8tion  shall  be  put  upon  the 
several  parts  into  which  it  is  divided,  according  to  the  order  in 
which  they  arise,  unless  the  decision  of  the  one  shall  preclude 
the  other. 

8.  The  President  shall  state  the  (juestiou  sitting,  but  shall 
put  the  same  standing.  Questions  shall  be  distinctly  put  in 
this  form  :  As  many  as  are  of  opinion  that  (as  the  case  may 
be)  say  oye  ;  and  after  the  affirmative  voice  is  expressed,  as 
many  as  are  of  a  contrary  (opinion  say  no.  If  the  Prosi<lent 
doubt  as  to  the  voice  of  a  majority,  or  a  ilivision  of  the  ques- 
tion be  called  for,  the  President  shall  call  on  those  in  the  affir- 
mative of  the  (juestion  to  rise  from  their  seats  ;  and  afterwar«ls 
those  in  the  negative.  If  the  JVesident  still  doubt,  or  a  count 
be  required,  the  President  shall  name  two  members,  one  from 
each  tide,  to  tell  the  number  in  the  affirmative  and  negative ; 
which  being  reported,  he  shall  state  the  division  to  the  Con- 
vention, and  announce  its  decision.  No  mendjcr  who  is  without 
the  bar  of  the  Convention  when  any  question  is  put  from  the 
Chair,  shall  enter  his  ai/e  or  nai/  without  leave,  unless  he  shall 
have  been  absent  on  some  committee  or  business  of  the  Con- 
vention, by  leave  of  the  same. 


1861.]  STATE   CONVENTION.  21 

9.  The  yeas  and  nays  of  the  members  of  the  Convention,  on 
any  question,  shall,  at  the  desire  of  one-fifth  of  those  present, 
be  taken  and  entered  on  the  journal  of  the  Convention. 

10.  When  any  member  shall  make  a  motion  which  is  not  one 
of  course,  he  shall  reduce  to  writing,  if  required. 

I  11.  In  all  cases,  whether  by  ballot  or  otherwise,  the  Presi- 
dent shall  be  entitled  to  a  vote,  and  when  the  votes,  affirmative.' 
and  negative,  upon  any  question,  shall  be  equal,  the  question 
shall  be  lost. 

12.  When  a  question  has  been  once  decided,  it  shall  be  in 
order  for  any  member  in  the  majority  to  move  for  a  re-consid- 
eration thereof,  on  the  same  or  succeeding  day. 

13.  After  a  proposition  or  ordinance  has  been  once  rc^jectcd 
or  postponed  indefinitely,  another  of  like  provisions  shall  not 
be  intvoduced  during  the  session  of  this  Convention. 

14.  Every  proposition  to  amend  the  Constitution  of  tlie 
State,  or  ordinance  proposed,  shall  be  read  three  several  times 
and  passed  three  several  readings ;  which  readings  shall  be  on 
three  several  days,  before  it  shall  become  the  act  or  ordinance 
of  the  Convention.  The  first  reading  shall  be  for  information 
only,  and  the  proposition  or  proposed  ordinance  shall  not  then 
be  open  to  amend  or  debate ;  and  no  question  shall  be  put  on 
that  reading,  but  the  same  shall,  after  being  read,  be  declared 
by  the  President  to  have  passed  its  first  reading.  Upon  the 
second  and  third  readings,  the  proposition  or  proposed  ordi- 
nance shall  be  open  to  amendment  or  debate. 

15.  The  President  shall  designate  who  shall  compose  all 
committees,  except  when  otherwise  ordered;  and  the  commit- 
tees of  this  Convention  shall  consist  of  five  momliers,  unless 
the  Convention  shall  otherwise  determine, 

16.  When  the  Convention  resolves  itself  into  >k  Committee 
of  the  Whole,  the  President  shall  leave  the  chair  and  appoint  a 
chairman,  and  when,  at  any  time,  the  President  shall  wish  or 
be  disposed  to  leave  the  chair,  he  .^hiill  have  power  to  :i)i])oint 
a  President  pro  tem. 

17.  In  case  of  any  disturbance  or  disorTlerly  conduct  in  the 
gallery  or  lobby,  the  President  or  chairman  of  the  Committee 


22  JOURNAL  OF  THE  [May  21, 

of  the  Whole  Convention,  shall  have  power  to  have  the  same 
cleared. 

18.  No  person  shall  come  upon  the  floor  where  the  Conven- 
tion holds  its  sessions,  during  the  session  of  the  same,  except 
ministers  of  the  gospel  who  have  been  invited  by  the  Conven- 
tion ;  but  the  galleries  are  declared  open  for  the  accommodation 
of  all  persons. 

19.  Any  member  dissatisfied  with  the  decision  of  the  Presi- 
dent on  any  question  of  order,  may  appeal 'to  the  Convention. 

20.  When  the  Convention  adjourns,  the  members  shall  keep 
their  scats  until  the  President  leaves  the  chair.  - 

21.  Motions  for  adjournment  and  to  lie  on  the  tabic  shall  be 
decided  without  debate. 

22.  All  cases  which  may  arise,  not  embraced  within  the  fore- 
going rules,  shall  be  determined  according  to  the  parliamentary 
usages,  as  laid  down  by  Jeiferson  in  his  Manual. 

23.  Tlie  rules  for  the  government  of  the  Convention  shall 
not  be  amended  or  altered,  without  giving  at  least  one  days 
notice  of  such  amendment  or  alteration,  except  by  the  consent 
of  two-thirds  of  the  members  present. 

Mr.  Lander  moved  to  amend  the  14th  rule  by  striking  out  of 
,vthe  third  and  fourth  lines,  the  words,  "which  readings  shall  be 
on  three  several  days,"  and  it  was  not  agreed  to. 

Mr.  Ferebee  moved  the  following  as  an  additional  rule, 
which  was  agreed  to: 

"  It  shall  be  the  duty  of  the  President  to  invite  the  pastors 
of  the  several  churches  in  this  city,  under  such  arrangements 
as  they  may  make  among  themselves,  to  perform  the  service 
of  prayers  at  the  opening  of  the  daily  sessions  of  the  Conven- 
tion." 

The  question  then  recurring  on  the  adoption  of  the  Rules,  as 
amended,  they  were  agreed  to,  and  ordered  to  be  printed. 

Mr.  Leak  offered  the  following  resolutions,  Avhich  Avere  unani- 
mously adopted : 

Resolved,  That  fliis  Convention  appreciates  the  spirit  which 
influenced  the  gallant  State  of  South  Carolina  in  sending  a 


1861.]  J5TATE   CONVENTION.  28 

Commissioner  to  this  Body,  and  desires  to  express  its  gratula- 
tion  and  pride  in  giving  a  response  by  its  ordinance,  which  it 
full  well  knows,  will  be  received  with  a  gratification  only  equalled 
by  the  patriotic  feeling  with  which  it  is  expressed. 

Resolved,  That  this  Body  takes  pleasure  in  expressing  its 
high  consideration  of  the  distinguished  gentleman,  the  Hon. 
Franklin  J.  Moses,  honored  by  his  State  with  this  high  com- 
mission, and  begs  leave  to  express  its  gratification  at  the  energy 
and  ability  with  which  he  has  executed  the  trust  confided  to  him. 

Mr.  Howard,  from  the  Committee  on  Elections,  made  a 
report,  accompanied  with  a  resolution  declaring  L.  W.  Batche- 
lor  entitled  to  the  seat  now  occupied  by  Charles  J.  Gee,  as 
delegate  from  the  county  of  Halifax. 

The  President  laid  before  the  Convention  the  following  letter 
from  the  sitting  mejuber  : 

Raleigh,  N.  C,  21st  May,  1«C1. 
Hon.  Weldon  N.  Edwaiids, 

President  of  the  Convention  : 

Sir  :  Having  been  tendered  a  certificate  of  election  as  del- 
egate from  the  county  of  Halifax,  my  convictions  of  duty  were 
clear  that  I  ought  to  appear  and  take  a  seat  as  the  represen- 
tative of  her  people.  An  investigation  having  shown  that  a 
sufficient  number  of  persons,  honestly  mistaking  their  rights  of 
citizenship  and  suffrage,  voted  illegally  for  me,  to  reduce  my 
vote  below  that  of  another  gentleman,  wlio  is  in  attendance 
ready  to  represent  the  interest  of  the  people  of  my  county, 
and  being  unwilling  at  any  time  to  take  advantage  of  any  form 
or  ceremony,  to  thwart  the  will  of  \the  people,  I  cheerfully 
resign  all  claim  to  a  seat,  as  a  delegate  in  this  Convention. 

Respectfully, 

CHARLES  J.  GEE. 

The  resolution  of  the  committee  was  then  adopted,  and  L. 
AV.  Batcheloj',  the  contestant,  took  his  seat  in  the  Convention. 

Messrs.  Badger,  Batchelor  and  Gorrell  severally  asked  and 
obtained  leave  to  have  it  recorded  on  the  journal  that  if  they 


24  JOURNAL  OF  THE  [May  21, 

had  been  present  yesterday  they  woiihl  have  voted  in  favor  of 
the  ordinance  dissolving  the  Union  then  subsisting  between  the 
State  of  North  Carolina  and  the  other  States. 

On  motion  of  Mr.  Howard,  the  Convention  then  proceeded 
to  the  election  of  a  printer  to  the  body ;  Messrs.  Reid  and  Foy 
superintending. 

Mr.  Reid  nominated  John  Spelman. 

Mr.  Foy  nominated  Symc  &  Hall. 

Mr.  Badger  nominated  Frank  I.  Wilson. 

Those  who  voted  for  Messrs.  Syme  k  Hall  Avere, 

Mr.  President,  and  Messrs.  Ashe,  Battle  of  Edgecombe, 
Biggs,  Bond,  Brodnax,  Brown,  Bunting,  Carson,  Christian, 
Cowan,  Cunningham,  Eller,  Foster  of  Ashe,  Foster  of  Ran- 
dolph, Foy,  Fuller,  Grimes,  Hargrove,  Hearne,  Henkel,  Hicks, 
Houston  of  Union,  Howard,  .Johnston  of  Mecklenburg,  Jones 
of  Caldwell,  Lander,  Long,  Mann,  McDowell  of  Bladen,  Meares, 
Mebane,  Mitchell,  Mosely,  Osborne,  Patterson,  Pettigrew, 
Rhodes,  Royster,  Rufifin,  Satterthwaite,  Shaw,  Sliipp,  Smith  of 
Halifax,  Smith  of  Johnston,-  Stewart,  Sutherland,  Thornton, 
Turner,  Venable,  Walton,  Ward,  Washington,  Williams,  Wins- 
low  and  Wooten — 57. 

For  John  Spelman, 

Messrs.  Arrington,  Batchelor,  Craigc,  Dardcn,  Durham, 
Green,  Greenlee,  Hamlin,  Hill,  Houston  of  Duplin,  Johnston 
of  Gaston,  Leak,  McDowell  of  Burke,  McDowell  of  Madison, 
McNeill  of  Cumberland,  Miller,  Moody,  Penland,  Phifer,  Reid, 
Strong,  Thompson,  Tracey  and  Woodfin — 25. 

Por  Frank  I.  Wilson, 

Messrs.  Allison,  Armfield,  Badger,  Battle  of  Wake,  Berry, 
Calloway,  Cannon,  Councill,  Davidson,  Dick,  Douthit,  Ellison, 
Gilmer,  Gorrell,  Graham,  Headen,  Hoi  den,  Kittrell,  Manning, 
McNeill  of  Harnett,  Merritt,  Myers,  Sanders,  Smith  of  Macon, 
Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrell,  Thomas  of  Car- 
teret, Warren  and  Wilson— -30. 

Mr.  Foy,  from  the  committee,  reported  that  Messrs.  Syme 
&  Hall,  having  received  a  majority  of  the  votes  given,  were 
duly  elected,  in  which  report  the  Convention  concurred. 


1861.]  STATE   CONVENTION.  25 

The  Convention  then  resumed  the  unfinished  business  of 
yesterday,  it  being  the  ordinance  introduced  by  Mr.  Venable, 
to  ratify  the  Constitution  of  the  Confederate  States  of  America. 

After  some  time  spent  thereon. 

On  motion  of  Mr.  Osborne,  the  whole  subject  was  referred 
to  a  select  committee,  with  instructions  to  report  the  same  at 
as  early  a  day  at^  practicable. 

The  President  announced  the  foUowins;  as  said  commitfco  : 
Messrs.  Venable,  Ruffin,  Badger,  Barnes  and  Osborne. 

Mr.  Kittrell  introduced  an  ordinance  to  repeal  the  first  clause 
of  the  third  section  of  the  amendments  to  the  Constitution, 
which  was  read  the  first  time  and  ordered  to  be  printed. 

Mr.  Biggs  offered  the  following  : 

Inasmuch  as  the  public  mind  is  noAv  greatly  disturbed  by  a 
state  of  war  and  a  threatened  invasion  by  the  enemy,  which 
precludes  that  calm  and  mature  deliberation  proper  and  desira- 
ble in  altering  or  amending  the  organic  law ;  and  ivhey'eas,  the 
attention  of  the  people  has  not  been  sufficiently  directed  to  the 
changes  that  may  be  proposed,  so  as  to  enable  this  Convention 
now  to  act  understandingly,  and  a  discussion  of  such  proposed 
alterations  may  excite  divisions  of  opinion  at  a  time  when 
harmony  of  feeling  and  action  is  so  important : 

Resolved,  That  this  Convention  will  receive  and  lay  on  the 
table,  without  debate,  all  propositions  that  may  be  made  to 
alter  or  amend  the  Constitution  of  the  State,  but  will  not  con- 
sider them  at  the  present  session  ;  and  such  propositions  shall 
be  postponed  until  the  next  session  of  the  Convention,  to  bo 
assembled  at  a  time  and  in  a  manner  to  be  prescribed. 

The  Resolution,  under  the  rule,  lies  over  one  day  for  consid- 
eration. 

Mr.  Barnes,  from  the  committee  on  that  subject,  reported 
that  the  ordinance  dissolving  the  Union  between  the  State  of 
North  Carolina  and  the  other  States,  had  been  enrolled  upon 
parchment,  and  recommended  that  it  be  signed  in  the  Hall  of 
the  House  of  Commons,  this  evening  at  8  o'clock,  the  Presi-  - 
dent  signing  first,  and  the  members  afterwards,  in  alphabetical 
order — and  it  was  concurred  in. 
4 


^2C^  .lorKNAI.   OF   THE  [May  21. 

Mr.  Batcbclor  offered  the  following  : 

Resolved,  That  a  committee  of  thirteen  be  appointed  to  pre- 
pare business  for  this  Convention. 

On  motion  of  Mr.  Ferebcc,  the  resolution  was  ordered  to  lie 
on  the  table. 

Mr.  Craige  oftered  the  following,  which  was  agreed  to : 

Resolved^  That  the  President  of  the  Convention  cause  a  cer- 
tified copy  of  the  ordinance  adopted  by  this  Convention,  on  the 
20th  day  of  May,  1861,  severing  the  connection  of  the  State 
of  North  Carolina  with  the  government  of  the  late  Unitetl 
States  of  America ;  and  likewise  a  certified  copy  of  the  ordi- 
nance adopted  on  the  same  day,  ratifying  the  Provisional  Con- 
stitution of  the  Confederate  States,  to  be  transmitted  to  the 
President  of  the  Confederate  States  of  America. 

On  motion  of  Mr.  Meares,  the  Convention  took  a  recess  until 
7  o'clock,  P.  M. 


7   OCLOCK,   P.  M. 

The  hour  of  meeting  having  arrived,  the  Convention  was 
called  to  order  by  the  President. 

James  A.  Leak,  one  of  the  delegates  from  Anson,  and  Rich'd 
Dillard,  delegate  from  ChoAvan,  having  been  detained  at  home 
by  unavoidable  causes,  appeared  and  took  their  seats  in  the 
Convention.  These  delegates  severally  asked  and  obtained 
leave  to  have  it  stated  on  the  journal  tliat  if  they  had  been 
present  on  yesterday,  they  would  have  voted  for  the  ordinance 
of  separation. 

On  motion  of  Mr.  Venable,  the  order  of  the  Convention, 
this  morning,  was  so  changed  that  the  counties  should  appear 
on  the  parchment  in  alphabetical  order. 

At  8  o'clock,  as  agreed  upon,  in  open  Convention,  the  mem- 
bers proceeded  to  affix  their  names  and  places  of  residence,  to 
the  ordinance  of  separation ;  and  one  hundred  and  tiventy — 
the  whole  number  pr'ovided  for  hy  the  act  of  the  Qeneral  Assem- 
hlif — caine  Jnrwnrd  and  signed  the  instrument. 


1861.]  STATE   CONVENTION.  27 

On  luotioii  of  Mr.  Osborne,  it  was  ordered  that  the  Ordinance 
be  deposited  with  the  Secretary  of  State,  and  kept  in  a  strong 
box  to  be  provided  for  the  same. 

On  motion,  the  Convention  adjourned  till  to-morrow  at  1] 
o'clock,  A.  M. 


IN  CONVENTION,  Wednesday,  May  22,  1861. 

The  Convention  met  pursuant  to  adjournment — the  President 
in  the  chair. 

Prayer  by  Rev.  Thomas  E.  Skinner,  of  the  Baptist  Church. 

The  journal  of  yesterday  was  read  and  approved. 

On  motion  of  Mr.  Graham,  it  was  ordered  that  the  Constitu- 
tion of  the  State,  together  with  the  act  of  the  General  Assembly 
calling  this  Convention,  be  printed. 

On  motion  of  Mr.  Biggs, 

Resolved,  That  whenever  the  Convention  shall  order  any 
paper  or  document  printed,  there  shall  be  one  hundred  and 
fifty  copies,  unless  when  otherwise  directed. 

Mr.  Headen  offered  the  following : 

Resolved,  Thos.  RufRn,  George  E.  Badger,  Will.  A.  Graham 
and  John  A.  Gilmer,  be  appointed  a  committee  to  prepare  an 
address,  setting  forth  the  causes  that  have  impelled  the  State 
of  North  Carolina  to  a  separation  from  the  Government  of  the 
United  States  of  America,  and  report  the  same  at  an  early  day 
to  this  Convention ;  which,  on  motion  of  Mr.  Lander,  was 
ordered  to  lie  on  the  table. 

Mr.  Batchelor  offered  the  following : 

Resolved,  That  after  to-day,  the  Convention  meet  at  10 
o'clock,  A.  M.,  and  adjourn  at  2  o'clock,  P.  M. :  which,  on 
motion  of  Mr.  Badger,  was  ordered  to  lie  on  the  table. 

Mr.  Satterthwaite  offered  the  following,  which  was  agreed  to : 

Resolved,  That  a  committee  of  ten  be  appointed,  whose  duty 
it  shall  be  to  prepare  and  submit  for  the  consideration  of  the 
Convention  a  statement  of  the  causes  which  compelled  the 
people  of  North  Carolina  to  separate  themselves  from  the  late 
United  States  of  America. 


28  JOURNAL   OF  THE  [May  22, 

Mr.  Jones,  of  Rowan,  offered  the  foll(fwing  : 

Resolved^  That  Messrs.  Ruffin,  Badger,  Graham,  Biggs, 
Howard,  Osborne,  Barnes,  Winslow,  Craige,  Mitchell,  Gilmer, 
Battle  of  Wake,  Strong,  Kittrell,  Houston  of  Duplin,  and 
Green,  be  a  committee,  instructed  to  inquire,  and  report  to  this 
Convention,  whether  the  act  passed  by  the  General  Assembly 
of  the  State,  entitled  "An  Act  to  provide  against  the  sacrifice 
of  property  and  to  suspend  proceedings  in  certain  cases,"  be 
in  accordance  with  the  Constitution  of  the  State  ;  and  if  said 
committee  shall  find  that  said  act  is  not  in  accordance  with  the 
Constitution,  that  they  be  instructed  to  report  an  ordinance  on 
the  subject  embraced  within  said  act,  which  shall  meet  the 
public  exigency,  and  preserve,  as  far  as  possible,  the  interests 
of  both  creditor  and  debtor. 

Mr.  Graham  moved  to  amend  the  resolution  so  that  the  com- 
mittee should  be  appointed  by  the  President. 

Mr.  Lander  moved  that  the  whole  subject  lie  on  the  table. 
On  this  question  the  ayes  and  noes  were  ordered,  on  motion  of 
Mr.  Ashe,  and  resulted  as  follows : 

Ayes — The  President,  and  Messrs.  Armfield,  Arrington, 
Ashe,  Batchelor,  Biggs,  Bond,  Brodnax,  Brown,  Bunting,  Car- 
son, Craige,  Cunningham,  Dillard,  Durham,  Eller,  Foster  of 
Ashe,  Fuller,  Hamlin,  Hargrove,  Henkel,  Hill,  Lander,  Leak 
of  Attson,  Mann,  McDowell  of  Bladen,  McDowell  of  Burke, 
McDowell  of  Madison,  McNeill  of  Cumberland,  McNeill  of 
Harnett,  Moody,  Moseley,  Pettigrew,  Reid,  Rhodes,  Royster, 
Shaw,  Smith  of  Johnston,  Spruill  of  Bertie,  Spruill  of  Tyrrell, 
Stewart,  Sutherland,  Thompson,  Thornton,  Tracey,  Turner, 
Venable,  Williams  and  Wootcn— 50. 

Noes — Messrs.  Allison,  Badger,  Barnes,  Battle  of  Edge- 
combe, Battle  of  Wake,  Berry,  Calloway,  Cannon,  Christian, 
Councill,  Cowan,  Darden,  Davidson,  Dick,  Douthitt,  Ellison, 
Ferebee,  Foster  of  Randolph,  Foy,  Gilmer,  Gorrell,  Graham, 
Green,  Greenlee,  Grimes,  Hearne,  Headen,  Hicks,  Holden, 
Houston  of  Duplin,  Houston  of  Union,  Howard,  Johnston  of 
Gaston,  Johnston  of  Mecklenburg,  Jones  of  tlaldwell,  Jones  of 
RoAvan.  Kittrell,  Leak  of   Richmond,  Manning,  Meares,  Me- 


1861.]  STATE  CONVENTION  29 

bane,  Merritt,  Miller,"  Myers,  Osborne,  Penland,  Phifer,  Ray- 
ner,  Ruffin,  Sanders,  Satterthwaite,  Shipp,  Smith  of  Halifax, 
Smith  of  Macon,  Speed,  Sprouse,  Strong,  Thomas  of  Carteret, 
Walton,  Ward,  Warren,  Washington,  AVhitford,  AVilson  and 
Woodfin — G6. 

Mr.  Graham  then  withdrew  liis  amendment,  whereupon, 

Mr.  Howard  moved  to  amend  by  striking  out  the  names  of 
the  committee,  and  providing  that  a  committee  of  eleven  be 
appointed  ;  which  was  agreed  to,  and  the  resolution  as  amended 
was  adopted. 

The  President  announced  the  following  as  the  Committee  on 
the  State  Flag:  Messrs.  Whitford,  Graham,  Rayner,  Smith  of 
Halifax,  Foy,  Winslow  and  Cunningham. 

Mr.  Myers  offered  a  resolution  requiring  the  Secretary  of 
State  to  furnish,  and  the  Printers  to  print,  one  hundred  and 
fifty  copies  each  of  tlie  following  Acts  and  Resolutions,  passed 
by  the  General  Assembly,  at  its  extra  session  :  • 

An  Act  to  repeal  the  5th  section  of  the  9(Jth  chapter  of  the 
Revised  Code,  entitled  '•'Oaths." 

An  Act  for  Patrul. 

An  Act  to  provide  for  the  publi :  defense. 

An  Act  to  define  and  punish  treason  against  this  Statcj  and 
other  offence?  against  the  sovereignty  of  this  State. 

An  Act  concerning  Taxes. 

An  Act  to  provide  against  the  sacrifice  of  property  and  to 
suspend  civil  process  in  certain  cases. 

An  Act  to  provide  the  ways  and  means  for  public  defense. 

A  Resolution  concerning  Post  Offices  and.  Post  Roads. 

An  Act  to  provide  for  the  time  when  Volunteers  shall  be 
paid  for  their  services. 

An  Act  to  authorize  the  County  Courts  and  corporate  towns 
and  cities  to  lay  taxes  for  public  purposes. 

Mr.  Houston,  of  Duplin,  moved  the  following  as  a  substi- 
tute : 

Resolved^  That  the  Secretary  of  State  be  authorized  and 
required  t^  provide  for  the  immediate  publication  of  the  Acts 
and  Resolutions  of  the  recent  special  session  of  the  Genera] 
Assembly. 


30  JOURNAL   OF  THE  [Mat  22, 

The  substitnto  avjus  not  agreed  to  ;  and  the  resolution  was 
then  adopted. 

Mr.  Sanders  introduced  ''An  ordinance  to  amend  the  Con- 
stitution of  North  Carolina,  so  as  to  strike  out  the  3rd  section 
of  the  4th  Article  of  the  amendments  to  the  Constitution,  rat- 
ified by  the  people  on  the  2nd  Monday  of  November,  1835, 
and  insert  in  lieu  thereof,  a  section  providing  for  equal  and 
uniform  taxation,"  Avhich  was  ordered  to  lie  on  the  table  and 
be  printed. 

The  ordinance  introduced  on  yesterday  by  Mr.  Kittrell,  to 
repeal  the  3rd  section  of  the  4th  Article  of  the  Constitution  of 
1835,  was  then  read  the  second  time. 

Mr.  Ilolden  moved  to  amend  the  same  as  follows  :  Strike  out 
the  wordt!,  "from  and  after  the  first  day  of  January  next," 
iTnd  insert  the  following  :  "  and  that  slaves  shall  be  taxed 
according  to  their  value,  but  no  higher  in  proportion  to  value, 
than  land." 

Mr.  Ruffin  moved  to  refer  the  subject  to  a  committee  of 
eleven. 

Mr.  Ashe  moved  that  the  whole  subject  lie  upon  the  table  ; 
on  this  question  the  ayes  and  noes  were  ordered,  on  motion  of 
Mr.  Ashe,  and  resulted  as  follows  : 

Ayes — The  President,  and  Messrs.  Arrington,  Ashe,  Batch- 
clor.  Biggs,  Brown,  Bunting,  Carson,  Councill,  Cowan,  Craige, 
Cunningham,  Darden,  Diilard,  Durham,  Foy,  Fuller,  Green, 
Grimes,  Hargrove,  Henkel,  Hill,  Howard,  McDowell  of  Bladen, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Moody,  Mosely, 
Rayner,  Reid,  Rhodes,  Royster,  Shaw,  Smith  of  Halifax, 
Strong,  Sutherland,  Thornton,  Tracy,  Venable,  Walton,  Ward, 
Williams  and  Wooten — 43. 

Noes — Messrs.  Allison,  Armfiefd,  Badger,  Barnes,  Battle  of 
Edgecombe,  Battle  of  AVake,  Berry,  Bond,  Brodnax,  Calloway, 
Cannon,  Christian,  Davidson,  Dick,  Douthitt,  Filer,  Ellison, 
Ferebee,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell, 
Graham,  Greenlee,  Hamlin,  Headen,  Hearne,  Hicks,  Holden, 
Houston  of  Duplin,  Houston  of  Union,  Johnston  of  Gaston, 
Johnston  of  Mecklenburg,  Jones  of  Caldwell,  Jones  of  Rowan, 


1861.]  STATE   CONVENTION.  31 

Long,  Mann,  Manning,  McDowell  of  Burke,  McDowell  of  Madi- 
son, Meares,  Mebane,  Merritt,  Miller,  Mitchell,  Osborne,  Pat- 
terson, Penland,  Pettigrew,  Phifer,  Ruffin,  Sanders,  Satter- 
thwaite,  Shipp,  Smith  of  Johnston,  Smith  of  Macon,  Speed, 
Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrrell,  Stewart,  Thomas 
of  Carteret,  Turner,  Warren,  Washington,  Whitford,  Wilson 
and  Woodfin — 73. 

So  the  motion  did  not  prevail. 

On  motion  of  Mr.  Meares,  the  Convention  adjourned  until 
to-morrow  at  11  o'clock. 


IN  CONVENTION,  Thursday,  May  23,  18G1. 

The  hour  having  arrived,  the  President  took  tlie  chair  anU 
called  the  Convention  to  order. 

Prayer  by  the  Rev.  Dr.  R.  S.  Mason,  of  the  Protestant  Epis- 
copal Church. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Venable,  from  the  committee  to  whom  was  referred  the 
ordinance  to  ratify  the  Constitution  of  the  Confederate  States, 
reported  the  same  back,  with  the  following  substitute,  as  an 
amendment  thereto,  and  recommend  its  passage. 

An  Ordinance  to  ratify  the  Constitution  of  the  Con- 
federates States  of  America. 

Whereas,  On  the  eleventh  day  of  Marcli,  A.  D.,  1801,  at 
Montgomery,  in  the  State  of  Alabama,  a  Constitution  was 
adopted  by  a  Congress  of  delegates  from  the  States  of  Ala- 
bama, Florida,  Georgia,  Louisiana,  Mississippi,  South  Carolina 
and  Texas,  united  under  the  name  of  the  Confederate  States 
of  America,  wdiich  Constitution  has  been  ratified  by  each  of 
tlxese  States : 

Now,  therefore,  this  Convention,  having  seen  and  considered 
said  Constitution,  doth,  in  behalf  of  the  people  of  the  State  of 
North  Carolina,  adopt  and  ratify  the  said  Constitution  and 
form  of  government. 


82  JOURNAL  OF   THE  [May  28, 

Mr.  Dick  moved  to  iimcnd  the  amendment  as  follows  : 

Be  it  further  ordained,  That  this  ordinance  shall  be  in  full 
force  and  effect  when  ratified  by  the  legal  voters  of  this  State, 
at  an  election  to  be  held  on  a  day  and  in  a  manner  to  be  pro- 
vided by  this  Convention. 

On  motion  of  Mr.  Gi'aham,  these  several  propositions  were 
ordered  to  lie  on  the  table,  be  printed,  and  made  the  order  of 
the  day  for  to-morrow,  12  o'clock. 

Mr.  Rajnier  offered  the  following,  which  was  agreed  to : 

Resolved,  That  His  Excellency,  the  Governor,  be  requested 
to  communicate  to  this  Convention,  the  nature  of  tlie  duties 
and  functions  being  performed,  .and  to  be  performed,  by  the 
Board  appointed  under  an  act  of  the  late  General  Assembly, 
entitled  "An  act  to  create  a  Military  Board  ;"  what  are  the 
i-anks  and  emoluments  of  said  official  positions  ;  whether  any 
member  of  said  Board  is  holding  and  exercising  the  duties  of 
more  than  one  official  position,  and  receiving  additional  pay 
for  the  same ;  and  if  so,  what  those  official  positions  are,  their 
rank  and  emoluments ;  and  whether  there  are  any  other  per- 
sons holding  and  exercising  more  than  one  official  position, 
ynth  additional  rank,  and  entitled  to  additional  emolument  on 
account  of  the  same ;  and  if  so,  Avhat  these  offices,  and  avIio 
are  holding  them. 

Mr.  Battle,  of  Wake,  offeied  the  following,  Avhich  Avas  ordered 
to  lie  on  the  table,  and  be  printed  : 

Be  it  resolved  by  the  Conveiition  of  the  State  of  North  Caro- 
lina, That  the  Constitution  of  the  State  ought  to  be  amended 
so  that  slaves  may  be  taxed,  according  to  their  value,  as  much 
as  land,  but  not  more. 

That  all  free  white  males  over  the  age  of  tAventy-one  years, 
and  under  the  age  of  forty-five  years,  may  be  subject  to  a  cap- 
itation tax. 

That  all  free  male  persons  of  color,  may  be  subject  to  a 
capitation  tax,  not  to  exceed  that  imposed  on  a  white  man. 

That  the  debt  of  the  State,  actual  and  contingent,  shall  not 
exceed  the  sum  of  millions  of  dollars,  unless  in  case  of 

war,  insurrection  or  invasion,  the  public  necessities  may  re- 
quire it. 


1861.]  STATE   CONVENTtOiN.         '  38 

John  A.  Graves,  one  of  the  Delegates  from  the  county  of 
Caswell,  being  Captain  of  a  military  company  about  to  be 
ordered  for  service  to  Virgiuin,  tomlrrpd  bi-^  vnsjrrnation  as  a 
member  of  the  Convention. 

On  motion  of  Mr.  Brown,  the  President  was  directed  to  issue 
his  writ  of  election  to  the  Sheriff  of  Caswell  county,  to  fill  the 
vacancy  thus  created,  on  the  third  day  of  Jline. 

Mr.  Ruffin  offered  the  following  resolution : 

Resolved,  That  a  committee  of  eleven  be  appointed  by  the 
President,  and  that  all  propositions  now  pending,  or  that  may 
be  offered,  to  amend  the  Constitution  of  the  State,  touching 
the  subject  of  taxation,  revenues,  and  the  borrowing  of  money, 
or  otherwise  contracting  debt  by  the  State,  shall  stand  referred 
to  the  same,  unless  otherwise  specially  ordered. 

Mr.  Badger  moved  the  following  amendment,  which  was 
accepted  by  Mr.  Ruffin  : 

"And  said  committee  shall  be,  and  are  hereby  instructed  to 
report  upon  each  and  all  such  subjects,  with  all  convenient 
dispatch." 

The  resolution,  as  amended,  was  then  agreed  to. 

Mr.  Howard  offered  the  following : 

That  a  committee  of  five  be  appointed  on  military  afi'airs, 
to  inquire  into  the  present  military  organization  of  the  State, 
with  full  power  to  examine  persons  and  papers,  and  report 
whatever  measures  they  may  deem  necessary  to  perfect  the 
system  and  increase  its  efficiency;  which,  on  his  motion,  was 
was  ordered  to  lie  on  the  table,  and  be  considered  by  the  Con- 
vention with  closed  doors,  at  half-past  twelve  o'clock. 

Mr.  Smith,  of  Johnston,  offered  the  following,  which  was 
agreed  to : 

Resolved,  That  His  Excellency,  the  Governor,  be  requested 
to  communicate  to  this  Convention,  at  as  early  a  day  as  practi- 
cable, the  number  of  volunteers  who  have  offered  their  ser- 
vices ;  the  number  accepted,  and  from  what  counties ;  the  num- 
ber of  State  troops ;  the  commissions  issued,  and  to  whom ;  the 
officers  appointed  by  him,  and  the  rank  and  pay  of  each ;  the 
number  of  men  ordered  to  service  in  Virginia  from  this  State ; 
6 


34  JOURNAL   OF   THE  [May  23, 

the  number  in  actual  service  in  this  State ;  the  number  in 
camps  of  instruction ;  an  estimate  of  the  expenses  incident  to 
carrying  on  the  necessary  military  operations  for  one  year ; 
the  quantity  of  arms  and  munitions  of  war ;  the  provisions  and 
clothing  purchased,  and  at  what  prices ;  what  naval  force,  if 
any,  has  been  established  in  this  State ;  and  all  other  infor- 
mation possessed  by  him  in  relation  to  the  military  and  naval 
condition  of  this  State,  and  under  what  laws  and  provisions  of 
the  Constitution  the  forces  aforesaid  have  been  called  out  and 
their  officers  appointed.     Ordered  to  be  printed. 

Mr.  Johnston,  of  Mecklenburg,  introduced  "  An  Ordinance 
to  amend  the  second  Section  of  the  fourth  Article  of  the 
amendments  to  the  Constitution,"  which  was  ordered  to  lie  on 
the  table  and  be  printed. 

Mr.  Rayner  introduced  a  resolution  declaring  that  the  second 
Section  of  the  fourth  Article  of  the  amendments  to  the  Consti- 
tution, ought  to  be  amended  in  certain  particulars,  and  propos- 
ing a  committee  of  five  to  prepare  and  report  an  ordinance 
conformably  thereto,  which  was  ordered  to  lie  on  the  table  and 
be  printed. 

Mr.  Biggs  offered  the  following  : 

Resolved,  That  until  otherwise  ordered,  the  daily  sittings  of 
this  Convention  shall  commence  at  10  o'clock,  A.  M. 

Mr.  Badger  moved  to  strike  out  the  word,  "ten,"  and  insert 
the  word,  "  eleven,"  which  was  not  agreed  to. 

The  question  recurring  on  the  resolution,  it  was  agreed  to  by 
the  Convention. 

The  hour  of  half  past  twelve  having  arrived,  the  President 
directed  the  lobbies  and  galleries  to  be  cleared,  and  the  Con- 
vention proceeded  to  sit  with  closed  doors. 

After  so  remaining  for  some  time,  the  doors  were  opened, 
and  on  motion,  the  Convention  adjourned. 


1861.]  STATE   CONVENTION.  35 

IN  CONVENTION,  Friday,  May  24,  1861. 

The  hour  of  10  o'clock  having  arrived,  being  the  hour  agreed 
upon,  on  yesterday,  the  President  took  the  chair  and  called  the 
Convention  to  order. 

Prayer  by  Rev.  Jos.  M.  Atkinsoiv,  of  the  Presbyterian  Church. 

The  journal  of  yesterday  was  read  and  approved. 

The  President  announced  the  following  committees : 

On  the  Address  setting  fortJi  the  cause  ivhich  led  to  the  separa- 
tion of  this  State  from  the  United  States :  Messrs.  Craigc, 
Ruffin,  Graham,  Shaw,  Ashe,  Gorrell,  Reid,  Badger,  Speed  and 
Thompson. 

On  Military  Affairs :  Messrs.  Howard,  Woodfin,  Venablc, 
Osborne,  Kittrell,  Brown,  Bunting,  Foster  of  Randolph  and 
Jones  of  Caldwell. 

On  Constitutional  Amendments  touehing  Taxation  and  Jlev- 
enue :  Messrs.  Ruffin,  Smith  of  Halifax,  McDoAvell  of  Bladen, 
Pettigrew,  Thomas  of  Jackson,  Johnston  of  Mecklenburg, 
Badger,  Biggs,  Lander,  iNIitchell  and  INIcDowell  of  Madison. 

On  motion  of  Mr.  Reid,  the  Secretary  was  authorized  to 
appoint  an  Engrossing  Clerk.  [lie  afterwards  appointed  Jos. 
Holderby,  of  Rockingham  County.] 

Mr.  Houston,  of  Duplin,  offered  the  following,  which  was 
agreed  to : 

Resolved,  That  in  view  of  the  blockade  of  our  ports  by 
Abraham  Lincoln,  a  committee  be  appointed,  consisting  of  five 
members,  to  inquire  into  and  report  upon  the  expediency  and 
legality  of  an  embargo  upon  the  shippers  and  ship  owners  of 
this  State. 

Whereupon  the  President  announced  that  the  following  dele- 
gates compose  said  committee,  viz :  Messrs.  Houston  of  Duplin, 
Gilmer,  Leak  of  Richmond,  Thomas  of  Carteret  and  Warren. 

Mr.  Batchelor  offered  the  following,  which  was  agreed  to : 

llesolved,  That  the  committee  on  Constitutional  Amendments 
be  required  to  inquire  into  the  expediency  of  restricting  the  Legis- 
lature in  the  imposition  of  taxes  upon  slaves,  to  males  between 
the  ages  of  ten  and  sixty,  and  females  between  the  ages  of  ten 
and  fifty. 


36  JOURNAL  OF  THE  [May  24, 

Mr.  Craigc  laid  before  the  Convention  the  act  of  the  Congress 
of  the  Confederate  States,  admitting  the  State  of  North  Caro- 
lina into  the  Confederation  on  certain  conditions;  which,  on 
motion  of  Mr.  Dick,  was  ordered  to  be  printed. 

Mr.  Ruffin  introduced  an  ordinance  to  amend  the  Constitu- 
tion, so  as  to  define  treason  against  the  State  of  North  Carolina, 
which  passed  its  first  reading,  and  was  ordered  to  lie  on  the  table. 

IMr.  Osborne  introduced  the  following,  Avhich  passed  its  first 
reading : 

Resolved^  That  the  Constitution  of  the  State  be  so  amended 
as  to  create  the  ofiice  of  Lieutenant  Governor. 

INIr.  JNIyers  oft'ered  the  following : 

WnEP.EAS,  It  is  possible  and  probable  that  our  present  postal 
arrangements  may  be,  at  an  early  day,  seriously  deranged,  as 
they  are  now  upon  our  southern  borders  ; 

Be  it  therefore  resolved,  That  this  Convention  does  hereby 
pledge  the  faith  of  the  State  to  make  good  to  all  mail  contrac- 
tors the  balance  due  them,  after  a  faithful  performance  of  their 
respective  contracts,  to  take  date  after  the  20th  May,  18C1. 

Mr.  Armfield  moved  the  following  amendment:  "which  said 
guarantee  shall  continue  until  such  time  as  the  government  of 
the  Confederate  States  shall  take  charge  of  the  postal  system 
of  this  State." 

On  motion,  the  resolution  and  amendment  were  ordered  to  lie 
on  the  table. 

Mr.  Ruffin  moved  the  following,  Avhich  was  agreed  to : 

Mesolved,  That  a  committee  on  Finance  be  raised,  for  the 
purpose  of  ascertaining  the  resources  of  the  Treasury,  making 
proper  estimates  of  the  sums  that  will  be  needed  for  the  period 
of  a  year,  and  proposing  the  further  ways  and  means  for  raising 
the  same,  if  any  be  needed. 

The  President  announced  the  followins:  committee  on  the 
resolution  of  Mr.  Jones,  of  Rowan,  in  regard  to  the  constitution- 
ality of  the  act  of  the  late  session  of  the  General  Assembly, 
commonly  known  as  "The  Stay  LaAv:"  Messrs.  Jones  of  Rowan, 
Graham,  Arrington,  Green,  Battle  of  Edgecombe,  Johnston  of 
Gaston,  Carson,  Miller,  Strong,  Holden  and  Spruill  of  Bertie. 


1861.]  STATE   CONVENTION.  87 

The  hour  having  arrived  for  the  consideration  of  the  special 
order,  it  being  the  ordinance  to  ratify  the  Constitution  of  the 
Confederate  States,  with  the  proposed  amendments  thereto,  on 
motion,  the  same  was  postponed  until  Monday  next,  at  12  o'clock. 

Mr.  Barnes  ofiered  the  following,  which  was  agreed  to; 

Mesolvedy  That  the  President  of  this  Convention  be  requested 
to  direct  the  special  messenger,  sent  by  him  to  JMontgomery,  to 
procure  and  bring  to  this  Convention,  on  his  return,  a  duly  cer- 
tified copy  of  the  permanent  Constitution  of  the  Confederate 
States  of  America. 

On  motion  of  Mr.  Graham,  it  was  ordered  that  the  Constitu- 
tion of  the  Confederate  States  be  printed  for  the  use  of  the 
Convention. 

Mr.  Battle,  of  "Wake,  oflfered  the  following,  which  was  agreed  to  : 

Be.^olved,  That  tlie  Public  Treasurer  prepare,  for  the  use  of 
the  Convention,  a  detailed  statement  of  the  public  debt,  actual 
and  contingent,  together  with  an  estimate  of  all  debts  which  the 
State  may  hereafter  incur  under  existing  acts  of  the  General 
Assembly.  Also,  the  kinds  of  debts,  whether  bonds  or  other- 
wise, and  when  and  where  payable  ;  also  the  means  of  the  State, 
ascertained  or  estimated,  annually  accruing  to  meet  said  debts. 

Mr.  Craige  moved  that  the  Convention  adjourn  until  Monday 
morning  at  10  o'clock.  On  this  question  the  ayes  and  noes 
were  ordered,  on  motion  of  Mr.  Christian,  and  resulted  as  fol- 
lows: 

Ayes — The  President,  and  Messrs.  Badger,  Battle  of  Edge- 
combe, Bunting,  Cannon,  Ci-aige,  Cunningham,  Foy,  Fuller, 
Graham,  Houston  of  Duplin,  Howard,  Johnston  of  Mecklen- 
burg, McDowell  of  Bladen,  Mearcs,  Moody,  Myers,  Osborne, 
Patterson,  lluffin,  Shaw,  Shipp,  Thomas  of  Carteret,  Washing- 
ton, Whitford,  Williams  and  Woodfin— 28. 

Noes— Messrs.  Allison,  Arrington,  Barnes,  Batchelor,  Battle 
of  Wake,  Berry,  Biggs,  Bond,  Brodnax,  Brown,  Calloway, 
Cannon,  Carson,  Christian,  Council],  Darden,  Davidson,  Dick, 
Dillard,  Durham,  Eller,  Ellison,  Ferebee,  Foster  of  Ashe,  Fos- 
ter of  Randolph,  Gorrelf,  Green,  Greenlee,  Grimes,  Hamlin, 
Hargrove,  Ileaden,  Hearne,  Henkel,  Hicks,  Hill,  Ilolden,  Hous- 


38  JOURNAL  OF  THE  [May  25, 

ton  of  Union,  Jolinston  of  Gaston,  Jones  of  Caldwell,  Jones  of 
Rowan,  Kittrell,  Leak  of  Anson,  Leak  of  Richmond,  Long, 
Mann,  Manning,  McDowell  of  Eurke,  McDowell  of  Madison, 
McNeill  of  Cumberland,  Meares,  Merritt,  Miller,  Mitchell, 
Moseley,  Penland,  Pettigrew,  Phifer,  Rayner,  Raid,  Royster, 
Sanders,  SatterthAvaite,  Smith  of  Halifax,  Smith  of  Johnston, 
Smith  of  Macon,  Speed,  Sprouoe,  Spruill  of  Bertie,  Spruill  of 
Tyrrell,  SteAvart,  Strong,  Sutherland,  Thomas  of  Jackson, 
Thompson,  Thornton,  Tracey,  Turner,  Venable,  Walton,  Ward, 
Wilson  and  Wooten — 80. 

So  the  motion  did  not  prevail. 

Mr.  Foy  introduced  "An  Ordinance  to  amend  the  third  sec- 
tion of  the  fourth  article  of  the  amendments  to  the  Constitu- 
tion," which  passed  the  first  reading,  was  referred  to  the  appro- 
priate committee,  and  ordered  to  be  printed.  x 

The  resolution  heretofore  introduced  by  Mr.  Howard,  relating 
to  Military  Affairs,  was  taken  up  and  amended  so  as  to  increase 
the  number  of  the  committee  to  nine — require  its  report  to  be 
made  to  the  Convention  when  sitting  with  closed  doois,  and  to  set 
forth  the  reasons  on  which  the  conclusions  of  the  report  shall  be 
founded  ;  and,  as  thus  amended,  the  resolution  was  then  agreed  to. 

On  motion,  the  lobbies  and  galleries  Avere  then  cleared,  and 
the  Convention  proceeded  to  sit  with  closed  doors ;  and  after  so 
remaining  for  some  time,  the  doors  were  opened,  and  the  Con- 
vention adjourned. 


IN  CONVENTION,  Saturday,  May  25,  1861. 

The  hour  having  arrived,  the  President  called  the  Convention 
to  order.  ' 

The  journal  of  yesterday  Avas  read  and  approved. 

Mr.  Reid  announced  the  death  of  Hon.  John  Hill,  one  of  the 
Delegates  to  this  Convention,  and  introduced,  in  relation  thereto, 
the  following  resolutions,  which  Averc  unanimously  adopted : 

Resolved,  That  this  Convention  has  heard,  Avith  emotions  of 
deep  regret,  of  the  sudden  death  of  Hon.  John  Hill,  late  a 
member  of  this  Convention  from  the  county  of  Stokes. 


1861.]  STATE   CONVENTION. 


39 


Resolved,  As  a  mark  of  respect  for  the  memory  of  the  de- 
ceased, we  will  wear  the  usual  badgfe  of  mourning  during  the 
remainder  of  the  present  session. 

Resolved,  That  the  President  be  requested  to  transmit  a  6opy 
of  these  resolutions  to  the  widow  of  our  deceased  brother, 
assuring  her  of  our  high  appreciation  of  the  excellent  qualities 
of  her  late  husband,  and  our  sympathy  with  her  on  the  occasion 
of  his  death. 

Resolved,  That  as  a  further  testimony  of  respect,  this  Con- 
vention  will  now  adjourn. 

Accordingly,  the  Convention  adjourned  ontil  Monday  morn- 
ing at  10  o'clock. 


IN  CONVENTION,  Monday,  May  27,  1801. 

The  Convention  met  at  the  usual  hour— the  President  in  the 
chair. 

The  journal  of  Saturday  was  read  and  approved. 
Mr.  Ward  oifered  the  following,  which  was  agreed  to : 
Whereas,  The  present  Military  Board  is  understood  to  be 
organized  without  the  aid  or  co-operation  of  experienced  medi- 
cal advisers,  and  the  selection  and  appointment  of  competent 
and  experienced  men  as  surgeons  and  assistant  surgeons  of  the 
several  regiments  of  North  Carolina  volunteers  and  State  troops 
being  highly  necessary  and  important;  therefore. 

Resolved,  That  the  committee  on  Military  Affairs  be  instructed 
to  inquire  and  report  some  practicable  mode  of  examination  for 
appointments  for  the  office  of  surgeon  and  assistant  surgeon  of 
the  military  regiments  of  the  State,  and  report  the  same  to  this 
Convention  by  resolution  or  otherwise. 
Mr.  Speed  offered  the  following  : 

Whereas,  The  Convention  has  been  invested  with  supreme 
power  to  meet  an  extraordinary  and  dangerous  emergency,  and 
to  exert  its  best  energy  to  secure  the  safety  and  promote  the 
weltare  of  the  commonwealth,  unbiased  by  any  influence  that 
might  arise  from  the  proposed  political  advancement  of  any  of 
Its  members ;  therefore, 


40  JOURNAL  OF  THE  [May  27, 

Resolved,  That  this  Convention  will  not  confer  any  appoint- 
ment of  political  trust  or  profit  on  any  of  its  members. 

Mr.  Kittrell  moved  to  add  the  following  as  an  amendment 
thereto :  "  Or  members  of  the  General  Assembly,  or  of  the 
last  Congress  of  the  United  States." 

Mr.  Barnes  moved  that  the  resolution  and  amendment  lie  on 
the  table.  On  this  motion,  Mr.  Speed  called  for  the  ayes  and 
noes,  which  being  ordered,  resulted  as  follows : 

Ayes — The  President,  and  Messrs.  Allison,  Arrington,  Ashe, 
Barnes,  Battle  of  Edgecombe,  Battle  of  AVake,  Berry,  Biggs, 
Brown,  Calloway,  Councill,  Cowan,  Dick,  Eller,  Foster  of  Ashe, 
Graham,  Greenlee,  Hamlin,  Hargrove,  Headen,  Hicks,  Houston 
of  Duplin,  Howard,  Johnston  of  Gaston,  Johnston  of  Mecklen- 
burg, ^onea  of  Caldwell,  Jones  of  Rowan,  Kittrell,  Long,  Mc- 
Dowell of  Bladen,  McDowell  of  Burke,  McDowell  of  Madison, 
McNeill  of  Cumberland,  Mearcs,  Merritt,  Myers,  Osborne,  Pat- 
terson, Penland,  Phifcr,  Reid,  Rhodes,  Royster,  Smith  of  Hali- 
fax, Sprouse,  Stewart,  Strong,  Sutherlai^d,  Thomas  of  -Jackson, 
Thompson,  Thornton,  Tracy,  Turner,  Venable,  Ward,  Wilson, 
Woodfin  and  Wooten — 60. 

Noes — Messrs.  Armfield,  Batchelor,  Bunting,  Brodnax,  Can- 
non, Carson,  Christian,  Cunningham,  Davidson,  Dillard,  Durham, 
Ellison,  Ferebce,  Gorrell,  Grimes,  Hearne,  Henkel,  Holden, 
Houston  of  Union,  Leak  of  Richmond,  Mann,  Manning,  Miller, 
Mitchell,  Mosely,  Pettigrew,  Rayncr,  Sanders,  Smith  of  John- 
ston, Smith  of  Macon,  Speed,  Spruill  of  Bertie,  Spruill  of  Tyrrell, 
Thomas  of  Carteret,  Walton  and  Warren — 36. 

So  the  motion  prevailed. 

On  motion  of  Mr.  Wilson,  the  President  was  directed  to  issue 
his  writ  of  election  to  the  Sheriff'  of  Stokes  county,  to  open  a 
poll  on  the  6th  day  of  June,  for  a  Delegate  to  represent  said 
county,  in  place  of  Hon.  John  Hill,  deceased. 

Mr.  Biggs  offered  the  following,  which  was  agreed  to : 

Resolved,  That  the  Committee  on  Finance  be  instructed  to 
inquire  into  the  expediency  of  reporting  an  ordinance  to  appoint 
an  auditor  for  all  the  military  departments  of  the  State. 


1861.]  STATE   CONVENTION.  41 

Mr.  Arrington  offered  the  following,  which  w^as  ordered  to 
lie  on  the  table  : 

Resolved,  That  a  Secretary  of  War  shall  be  appointed,  whose 
duty  it  shall  be  to  take  charge  of  the  military  affairs  of  the 
State. 

Mr.  Strange  presented  the  resignation  of  Robert  H.  Cowan, 
one  of  the  Delegates  from  New -Hanover  county,  to  take  effect 
from  and  after  Saturday  next,  said  resignation  being  tendered 
on  account  of  a  conflict  of  duties,  produced  by  his  position  as 
Lieutenant  Colonel  of  the  third  regiment  of  State  troops. 

On  motion  of  Mr.  Ashe,  the  President  was  authorized  to 
issue  a  writ  of  election  to  the  Sheriff  of  Ncav  Hanover  county 
to  hold  an  election  to  fill  the  vacancy,  on  the  1st  day  of  June. 
Mr.  Graham  offered  the  following,  which  was  agreed : 
Ilesolved,  That  the  Secretary  of  State  be  directed  to  procui'e 
and  furnish  to  this  Convention  a  copy  of  the  census  statistics 
of  North  Carolina,  as  taken  under  the  government  of  the  United 
States,  in  the  year  1860. 

The  hour  having  arrived  for  the  consideration  of  the  order 
of  the  day,  it  being  the  "  Ordinance  to  ratify  the  Constitution 
of  the  Confederate  States  of  America,"  Mr.  Smith,  of  Halifax, 
move<l  to  postpone  the  same,  and  make  it  the  special  order  for 
to-morrow  at  12  o'clock.       ^ 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Badger,  and  resulted  as  follows  : 

Ayes — The  President,  and  Messrs.  Allison,  Armfield,  Ar- 
rington, Badger,  Barnes,  Battle  of  Edgecombe,  Battle  of  Wake, 
Berry,  Biggs,  Bond,  Brodnax,  Brown,  Cannon,  Christian, 
Councill,  Davidson,  Dick,  Dillard,  Douthitt,  Eller,  Fereboe, 
Foster  of  Randolph,  Gilmer,  Gorrell,  Graham,  Hamlin,  Headen, 
Hearne,  Holden,  Houston  of  Union,  Howard,  Johnston  of 
Mecklenburg,  Jones  of  Caldwell,  Jones  of  Rowan,  Kittrell, 
Long,  Mann,  Manning,  Merritt,  Mitchell,  Myers,  Pettigrew, 
Reid,  Sanders,  Shipp,  Smith  of  Halifax,  Smith  of  Johnston, 
Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Tyrrell,  Strong, 
Thomas  of  Carteret,  Thomas  of  Jackson,  Turner,  Warren  and 
Wilson — 57. 

6 


42  JOURNAL  OF  THE  [May  28, 

Noes — Messrs.  Ashe,  Batchelor,  Bunting,  Calloway,  Carson, 
Cowan,  Craige,  Cunningham,  Durham,  Ellison,  Foster  of  Ashe, 
Greenlee,  Hargrove,  Henkel,  Hicks,  Houston  of  Duplin,  John- 
ston of  Mecklenburg,  Leak  of  Richmond,  McDowell  of  Bladen, 
McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of  Cum- 
berland, McNeill  of  Harnett,  Miller,  Moseley,  Osborne,  Pat- 
terson, Penland,  Phifer,  Rayner,  Rhodes,  Royster,  Sutherland, 
Spruill  of  Bertie,  Stewart,  Thompson,  Thornton,  Tracey,  Ven- 
able.  Ward,  Woodfin  and  Wooten — 42. 

So  the  motion  to  postpone  prevailed. 

On  motion,  the  lobbies  and  galleries  were  then  cleared,  and 
the  Convention  proceeded  to  sit  with  closed  doors. 

After  some  time  spent  in  secret  session,  the  doors  were 
opened,  and  on  motion  of  Mr.  Rayner,  a  communication  from 
His  Excellency,  the  Governor,  the  resolution  formerly  intro- 
duced by  Mr.  Rayner,  to  which  the  letter  was  a  response,  and 
the  act  of  the  General  Assembly  creating  a  Military  Board, 
were  ordered  to  be  printed. 

On  motion  of  Mr.  Howard,  it  was  ordered  that,  until  other- 
wise directed,  the  morning  sessions  of  the  Convention  shall 
commence  at  11  o'clock. 

And  then,  on  motion,  the  Convention  adjourned. 


IN  CONVENTION,  Tuesday,  May  28,  18G1. 

In  pursuance  of  the  order  of  yesterday,  the  Convention 
assembled  at  11  o'clock — the  President  in  the  chair. 

Prayer  by  Rev.  Joel  W.  Tucker,  of  the  M.  E.  Churcli,  Soutli. 

The  journal  of  yesterday  was  read  and-  approved. 

Mr.  Ashe  moved  to  reconsider  the  vote  of  yesterday,  by 
which  the  daily  sessions  of  the  Convention  were  fixed  at  11 
o'clock.  The  motion  was  ordered  to  lie  on  the  table  for  con- 
sideration to-morrow. 

Mr.  Battle,  of  Wake,  offered  the  following  resolution,  which 
was  ordered  to  lie  on  ^lie  table  and  be  printed : 


1861.]  STATE   CONVENTION.  4.3 

Resolved,  That  in  the  opinion  of  this  Convention,  the  Con- 
stitution of  the  State  ought  to  be  so  amended  as  to  require  the 
Governor  to  set  forth  in  writing,  fully,  the  grounds  of  all 
reprieves,  pardons  and  remissions,  to  be  entered  on  the  register 
of  his  official  acts,  and  laid  before  the  General  Assembly  at 
their  next  session. 

Mr.  Battle,  of  Edgecombe,  offered  the  following,  which  was 
referred  to  the  Committee  on  Finance  and  ordered  to  be  printed : 

Resolved,  That  in  the  opinion  of  this  Convention  the  Consti- 
tution of  the  State  ought  to  be  so  amended  that  all  laws  or 
resolutions,  having  the  force  of  hnvs,  whereby  appropriations  of 
money  shall  be  made,  either  for  internal  improvement  or  for 
any  other  purpose,  or  whereby  the  debt  of  the  State,  actual  or 
contingent,  may  be  increased,  shall  be  passed  by  separate  and 
distinct  enactments  for  each  and  every  appropriation  so  made, 
or  liability  so  incurred;  and  that  no  appropriation,  and  no 
increase  of  the  State  debt,  actual  or  contingent,  shall  be  made, 
except  by  a  majority  of  the  whole  nutnber  of  members  elected 
to  each  branch  of  the  General  Assembly. 

Mr.  Thomas,  of  Jackson,  offered  the  following,  which  was 
agreed  to : 

Resolved,  That  a  committee  of  seven  be  appointed  to  inquire 
and  report,  whether  any,  and  if  any,  what  amendments  are 
proper  to  be  made  to  the  o3rd  article  of  the  Constitution  of  the 
State,  with  regard  to  the  appointment  and  jurisdiction  of  Jus- 
tices of  the  Peace ;  and,  if  deemed  necessary,  that  they  be 
instructed  to  report  the  amendments  proper  to  be  made. 

Mr.  Thomas,  of  Carteret,  offered  the  following,  which  was 
agreed  to ; 

Resolved,  That  the  committee  on  Military  Affairs  be  in- 
structed to  inquire  and  report,  what  is  the  state  of  preparation 
for  the  defense  of  Beaufort  Harbor,  if  any ;  what  additional 
preparation  is  needed ;  whether  other  and  further  preparation 
than  that  already  made,  is  intended  to  be  made,  and  if  so,  how 
and  when.  Also,  whether  some  of  the  arms  of  the  State  ought 
not  to  be  distributed  among  some  of  the  companies  of  militia 
at  or  near  the  seaboard,  contiguous  to  Fort  Macon. 


44  JOURNAL  OF  THE  [May  28, 

Mr.  Smith,  of  Halifax,  introduced  an  ordinance  to  authorize 
the  Governor  to  raise  seven  regiments  of  volunteers  from  the 
counties  lying  on  and  east  of  the  Wilmington  and  Weldon,  and 
the  Seaboard  and  Roanoke  Railroads,  for  the  exclusive  defense 
of  the  seaboard  counties  of  the  State ;  which  passed  its  first 
reading. 

Mr.  Manning  offered  the  following,  which  was  agreed  to : 

Hesohed,  That  a  committee  be  appointed  to  take  into  con- 
sideration the  propriety  of  connecting  the  Coalfields  and  Iron 
Mines,  on  Deep  River,  with  the  railroad  system  of  the  State. 

Mr.  Batchelor  offered  the  following,  which  was  ordered  to  lie 
on  the  table  : 

Resolved,  That  a  committee  on  constitutional  amendments 
be  appointed. 

Mr.  Ellison  offered  the  following,  which  lies  over  one  day 
under  the  rules : 

Resolved,  That  from  and  after  Thursday  next,  the  daily  ses- 
sions of  this  Convention  shall  commence  at  9  o'clock,  A.  M., 
and  continue  during  each  day,  except  a  recess  from  1  to  3| 
P.M. 

On  motion,  the  lobbies  and  galleries  were  then  cleared,  and 
the  Convention  then  proceeded  to  sit  with  closed  doors. 

After  some  time  spent  in  secret"  session,  the  doors  were 
opened,  and  the  Convention  went  into  the  consideration  of  the 
order  of  the  day,  it  being  the  ordinance  to  ratify  the  Constitu- 
tion of  the  Confederate  States  of  America,  with  the  proposed 
amendments  thereto,  the  pending  question  being  the  amend- 
ment offered  by  Mr.  Dick. 

Mr.  Dick  moved  that  the  same  be  postponed  until  to-morrow 
at  12  o'clock.  On  this  motion  the  ayes  and  noes  were  ordered, 
on  motion  of  Mr.  Venable,  and  resulted  as  follows : 

Ayes — Messrs.  Allison,  Armfield,  Badger,  Barnes,  Battle  of 
Wake,  Berry,  Bond,  Calloway,  Cannon,  Christian,  Councill, 
Davidson,  Dick,  Douthitt,  Eller,  Ferebee,  Graham,  Hamlin, 
Headen,  Holden,  Jones  of  Caldwell,  Kittrell,  Long,  Mann, 
Manning,  Merritt,  Pettigrew,  Shipp,  Smith  of  Johnston,  Smith 
of  Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrrell, 
Thomas  of  Carteret,  Warren  and  Wilson — 37. 


1861.]  STATE  CONVENTION.  45 

Noes — The  President,  and  Messrs.  Arrington,  Ashe,  Batch- 
elor,  Battle  of  Edgecombe,  Biggs,  Brodnax,  Brown,  Bunting, 
Carson,  Cowan,  Craige,  Cunningham,  Darden,  Dillard,  Dur- 
ham, Foster  of  Ashe,  Foy,  Green,  Greenlee,  Grimes,  Hargrove, 
Hearne,  Ilenkel,  Hicks,  Houston  of  Duplin,  Houston  of  Union, 
Howard,  Johnston  of  Gaston,  Johnston  of  Mecklenburg,  Jones 
of  RoAvan,  Leak  of  Richmond,  McDowell  of  Bladen,  McDowell 
of  Burke,  McDowell  of  Madison,  McNeill  of  Cumberland, 
McNeill  of  Harnett,  Mearcs,  Mebane,  Miller,  Mitchell,  Mood}^, 
Moseley,  Myers,  Osborne,  Patterson,  Penland,  Phifer,  Rayner, 
Reid,  Rhodes,  Ro3^stcr,  Sanders,  Smith  of  Halifax,  Stewart, 
Strong,  Sutherland,  Thomas  of  Jackson,  Thompson,  Thornton, 
Tracy,  Turner,  Vcnable,  Walton,  Ward,  Williams,  Winslow, 
Woodfin  and  Wooten — 67. 

So  the  motion  to  postpone  did  not  prevail. 

Mr.  Gorrell  moved  that  the  Convention  now  adjourn.  On 
this  question  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Ashe,  and  resulted  as  follows  : 

Ayes — Messrs.  Allison,  Armfield,  Battle  of  Wake,  Badger, 
Barnes,  Berry,  Brodnax,  Calloway,  Christian,  Davidson,  Dick, 
Douthitt,  Ferebee,  Foster  of  Ashe,  Gorrell,  Graham,  Hamlin, 
Headen,  Hearne,  Holden,  Long,  Mann,  Manning,  Mebane, 
Merritt,  Pettigrew,  Smith  of  Mecklenburg,  Sprouse,  Spruill  of 
Bertie,  Spruill  of  Tyrrell,  Thomas  of  Carteret,  Warren  and 
Wilson— 33. 

Noes — The  President,  and  Messrs.  Arrington,  Ashe,  Batch- 
elor.  Battle  of  Edgecombe,  Biggs,  Brown,  Bunting,  Cannon, 
Carson,  Councill,  Cowan,  Craige,  Cunningham,  Darden,  Dillard, 
Durham,  Eller,  Ellison,  Foy,  Greenlee,  Grimes,  Hargrove,  Hen- 
kel.  Hicks,  Houston  of  Duplin,  Houston  of  Union,  Howard, 
Johnston  of  Gaston,  Johnston  of  Mecklenburg,  Jones  of  Cald- 
Avell,  Jones  of  Rowan,  Leak  of  Richmond,  McDowell  of  Bladen, 
McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of  Cma- 
berland,  McNeill  of  Harnett,  Meares,  Miller,  Mitchell,  Moody, 
Moseley,  Myers,  Osborne,  Patterson,  Penland,  Phifer,  Rayner, 
Reid,  Rhodes,  Royster,  Sanders,  Smith  of  Halifax,  Smith  of 
Johnston,    Speed,    Stewart,   Strong,    Sutherland,    Thompson, 


46      '  JOURNAL  OF  THE  [May  29, 

Thornton,  Tracy,  Turner,  Vcnablc,  Walton,  Ward,  Williams, 
Winslow,  AVoodfin  and  Wootcn — 69. 

So  the  Convention  refused  to  adjourn. 

Mr.  Biggs  offered  the  following  amendment  to  the  rules, 
which  lies  over  one  day  under  the  rule  :  "  After  the  word 
'alterations,'  in  the  2'3rd  rule,  insert  the  words  'or  amend- 
ment.' " 

And  then,  on  motion,  the  Convention  adjourned. 


IN  CONVENTION,  Wednesday,  May  29,  1861. 

The  President  took  the  chair  and  called  the  Convention  to 
order. 

The  journal  of  yesterday  was  read  and  approved. 

The  President  announced  the  following  committees  : 

On  Amendments  to  the  33rc?  Section  of  the  Constitution: 
Messrs.  Thomas  of  Jackson,  Leak  of  Anson,  Dick,  Grimes, 
Thornton,  Moody  and  Davidson. 

On  the  Coalfields  connection  with  the  railroad  system  of  the 
State :  Messrs.  Manning,  Meares,  Brodnax,  Battle  of  Wake 
and  Dillard. 

On  motion  of  Mr.  Howard,  the  President  added  Messrs. 
Fcrebee,  Pettigrew  and  Meares,  to  the  committee  on  Military 
Affairs. 

Mr.  Christian  offered  the  following,  which  Avas  agreed  to  : 

Resolved,  That  the  committee  on  the  33rd  Article  of  the 
Constitution  be  instructed  to  inquire  into  the  propriety  of  hav- 
ing the  Justices  of  the  Peace  elected  by  the  legal  voters  of  the 
State. 

Mr.  Houston,  of  Duplin,  offered  the  folloAving,  which  passed 
the  first  reading,  and  was  rcfcrred  to  the  Committee  on  Military 
Affairs : 

Besohed,  That  His  Excellency,  the  Governor,  be  required 
to  arm  and  equip  all  such  companies  of  volunteers  as  have  been 
tendered,  quartered,  accepted  and  sworn,  for  the  term  of  six 
months  service,  and  have  the  same  mustered  and  officered  for 
immediate  service,  whenever  required,  in  or  out  of  the  State. 


18G1.]*  '  STATE   CONVENTION.  4t 

Mr.  Calloway  offered  the  following,  which  were  ordered  to 
lie  on  the  table,  be  printed,  and  referred  to  a  select  committee 
of  seven — one  from  each  judicial  district,  with  instructions,  in 
its  discretion,  to  report  an  ordinance  or  ordinance!^,  cmliracing 
the  subjects  therein  contained  : 

Resolved^  That  the  Constitution  of  the  State  ought  to  be  so 
amended  that  no  able-bodied  white  man  shall  be  allowed  to 
vote  for  members  of  the  House  of  Commons  who  may  have 
refused  or  failed  to  pay  his  poll  tax  for  the  j^ear  immediately 
preceding  any  election  at  which  he  may  offer  to  vote,  for  which 
he  may  be  liable  and  owing. 

Resolved  further^  That  the  Constitution  should  be  so  altered 
as  to  provide  that  no  free  white  man  shall  be  entitled  to  vote 
for  a  member  of  the  Senate  in  this  State  who  shall  not  have 
paid  a  property  tax  equal  to  the  tax  on  one  hundred  dollars 
value  of  land  or  real  estate  for  the  year  immediately  preceding 
any  election  at  which  he  may  offer  to  vote  for  a  member  of  the 
Senate. 

Resolved  further^  That  the  Constitution  of  this  State  should 
be  so  amended  that  the  right  to  amend  the  Constitution  by  the 
Legislature  shall  be  abolished. 

Mr.  Ileaden  offered  the  following,  which  was  agreed  to : 

Resolved,  That  the  committee  appointed  to  inquire  into  the 
expediency  of  connecting  the  railroad  system  of  this  State 
with  the  Iron  and  Coalfields  of  Deep  River,  in  the  county  of 
Chatham,  be  also  instructed  to  inquire  into  the  propriety  and 
expediency  of  establishing  within  or  near  that  valley  a  State 
foundry  and  arsenal,  or  other  machinery  for  the  purpose  of 
constructing  arms  and  munitions  of  war ;  and  that  they  report 
what,  in  their  opinion,  will  be  the  probable  cost  of  such  ,an 
establishment. 

On  motion  of  Mr.  Smith,  of  Halifax,  the  ordinance  intro- 
duced by  him,  on  yesterday,  in  relation  to  the  seaboard  defenses, 
was  taken  up  and  put  on  its  second  reading,  pending  the  con- 
sideration of  which,  the  hour  arrived,  and  the  Convention  pro- 
ceeded to  the  order  of  the  day,  being  the  ordinance  to  ratify 
the  Constitution  of  the  Confederate  States  of  America,  and  the 
amendments  thereto  proposed. 


48  JOURNAL   OF   THE  [May  30, 

Mr.  Graham  moved  to  postpone  the  further  consideration  of 
the  subject  until  the  first  Thursday  in  August  next. 

Mr.  Christian  moved  that  the  Convention  adjourn,  on  which 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Batchelor, 
and  resulted  as  follows  : 

Ayes — The  President,  and  Messrs.  Allison,  Armfield,  Badger, 
Barnes,  Battle  of  Wake,  Berry,  Bond,  Brodnax,  Brown,  Callo- 
way, Cannon,  Christian,  Councill,  Davidson,  Dick,  Douthitt, 
Eller,  Ellison,  Ferebee,  Foster  of  Ashe,  Gilmer,  Gorrell,  Gra- 
ham, Green,  Headen,  Ilolden,  Jones  of  Caldwell,  Jones  of 
Rowan,  Leak  of  Anson,  Long,  Mann,  Manning,  Mebane,  Mer- 
ritt,  Mitchell,  Moody,  Myers,  Osborne,  Pettigrew,  Rayner, 
RufRn,  Sanders,  Satterthwaite,  Shipp,  Smith  of  Halifax,  Smith 
of  Johnston,  Smith  of  Macon,  Speed,  Spruill  of  Bertie,  Spruill 
Tyrrell,  Strong,  Thomas  of  Carteret,  Thompson,  Walton,  War- 
ren, Washington,  Whitford  and  Wilson — 59. 

Noes — IMessrs.  Arrington,  Ashe,  Batchelor,  Battle  of  Edge- 
combe, Biggs,  Bunting,  Carson,  Cowan,  Craige,  Cunningham, 
Darden,  Dillard,  Durham,  Foy,  Fuller,  Greenlee,  Grimes,  Ham- 
lin, Hargrove,  Hearne,  Henkel,  Hicks,  Houston  of  Duplin, 
Houston  of  Union,  Howard,  Johnston  of  Gaston,  Johnston  of 
Mecklenburg,  Leak  of  Richmond,  McDowell  of  Bladen,  Mc- 
Dowell of  Burke,  McDowell  of  Madison,  McNeill  of  Cumber- 
land, McNeill  of  Harnett,  Meares,  Miller,  Moseley,  Patterson, 
Penland,  Phifer,  Reid,  Rhodes,  Royster,  Sprouse,  Stewart, 
Sutherland,  Thomas  of  Jackson,  Thornton,  Tracey,  Turner, 
•Ward,  Williams,  Winslow,  Woodfin  and  Wooten — 64. 

So  the  Convention  adjourned. 


IN  CONVENTION,  Thursday,  May  30,  1861. 

The  hour  having  arrived,  the  Piesident  called  the  Convention 
to  order.     Prayer  by  Rev.  Dr.  Mason,  of  the  P.  E.  Church. 

The  journal  of  yesterday  was  read  and  approved. 

The  President  announced  the  committee  "  On  suffrage,  and 
legislative  mode  of  amending  the  Constitution :"  Messrs.  Callo- 
way, Ruffin,  Rayner,  Barnes,  Washington,  Fuller  and  Shipp. 


1861.]  STATE  CONVENTION.  49 

The  President  laid  before  the  Convention  a  letter  addressed 
to  the  Convention  by  the  Hon.  Robert  Toombs,  Secretary  of 
State  of  the  Confederate  States,  inclosing  the  proclamation  of 
President  Davis,  declaring  the  State  of  North  Carolina  a  mem- 
ber of  the  Confederate  States  of  America;  which  were  severally 
read,  and,  on  motion  of  Mr.  Craige,  ordered  to  be  printed, 
together  with  the  letter  of  the  President  of  the  Convention 
which  accompanied  the  ordinance  transmitted  to  Montgomery 
by  special  messenger. 

Mr.  Badger  introduced  an  ordinance  providing  the  mode  of 
authenticating  ordinances  and  resolutions  having  the  force  of 
laws,  which  passed  its  first  and  second  readings. 

Mr.  Biggs  moved  that  the  Convention  go  into  secret  session. 
On  this  question  the  ayes  and  noes  were  ordered,  on  motion  of 
Mr.  Badger,  and  resulted  as  follows : 

Ayes — The  President,  and  Messrs.  Allison,  Ashe,  Battle  of 
Edgecombe,  Battle  of  AVake,  BiggB,  Brodnax,  Brown,  Bunting, 
Carson,  Craige,  Darden,  Davidson,  Dillard,  Durham,  Foy,  Ful- 
ler, Gorrell,  Greenlee,  Grimes,  Hargrove,  Hearne,  Henkel, 
Howard,  Johnston  of  Gaston,  Johnston  of  Mecklenburg,  Jones 
of  Caldwell,  Leak  of  Richmond,  McDowell  of  Bladen,  McDow- 
ell of  Burke,  McDowell  of  Madison,  McNeill  of  Cumberland, 
McNeill  of  Harnett,  Meares,  Miller,  Mitchell,  Moody,  Osborne, 
Patterson,  Penland,  Pliifer,  Reid,  Rhodes,  Royster,  Ruffin, 
Satterthwaite,  Shaw,  Shipp,  Smith  of  Halifax,  Smith  of  Macon, 
Smith  of  Johnston,  Sprouse,  Stewart,  Strong,  Sutherland, 
Thomas  of  Carteret,  Thompson,  Thornton,  Tracy,  Turner, 
Venable,  Washington,  Williams  and  Wooten — 64. 

Noes — Messrs.  Armficld,  Arrington,  Badger,  Barnes,  Batch- 
elor.  Berry,  Bond,  Calloway,  Cannon,  Christian,  Councill, 
Dick,  Douthitt,  Eller,  Ellison,  Ferebee,  Foster  of  Ashe,  Gilmer, 
Graham,  Green,  Hamlin,  Hcaden,  Hicks,  Holden,  Houston  of 
Duplin,  Jones  of  Rowan,  Kittrell,  Leak  of  Anson,  Long,  Mann, 
Manning,  Mebanc,  Merritt,  Myers,  Pettigrew,  Rayner,  Sanders, 
Speed,  Spruill  of  Bertie,  Spruill  of  Tyrrell  and  Wilson— -41. 

So  the  motion  prevailed,  and  the  Convention  proceeded  to  sit 
with  closed  doors. 

'  7.  -*^^ 


50  JOURNAL  OF  THE  [May  31, 

After  some  time  spent  in  secret  session,  the  doors  were  opened. 

Mr.  Ashe  moved  to  take  up  and  consider  the  unfinished 
business  of  yesterday,  being  the  ordinance  ratifying  the  Con- 
stitution of  the  Confederate  States  of  America. 

Mr.  Speed  moved  that  the  Convention  adjourn. 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion  of 
Mr.  Ashe,  and  resulted  as  follows : 

Ayes — Mr.  President,  and  Messrs.  Allison,  Armfield,  Badger, 
Barnes,  Battle  of  Edgecombe,  Battle  of  Wake,  Brown,  Cal- 
loway, Cannon,  Chj-istian,  Davidson,  Dick,  Eller,  Ferebee, 
Foster  of  Ashe,  Gilmer,  Gorrell,  Graham,  Green,  Headen, 
Holden,  Jones  of  Rowan,  Kittrell,  Leak  of  Anson,  Long, 
Mann,  Manning,  McDowell  of  Bladen,  McNeill  of  Harnett, 
Mebane,  Merritt,  Miller,  Mitchell,  Pettigrew,  Rayner,  Ruffin, 
Sanders,  Shipp,  Smith  of  Halifax,  Smith  of  Jackson,  Smith  of 
Macon,  Speed,  Spruill  of  Bertie,  Spruill  of  Tyrrell,  Thomas  of 
Carteret,  Walton,  Warren,  Washington,  Whitford  and  Wil- 
son— 52. 

Noes — Messrs.  Arrington,  Ashe,  Batchelor,  Biggs,  Brodnax, 
Bunting,  Carson,  Councill,  Craige,  Cunningham,  Darden,  Dil- 
lard,  Durham,  Greenlee,  Grimes,  Hargrove,  Hearne,  Henkel, 
Hicks,  Houston  of  Duplin,  Howard,  Johnston  of  Gaston, 
Johnston  of  Mecklenburg,  Jones  of  Caldwell,  Leak  of  Richmond, 
McDowell  of  Burke,  McDowell  of  Madison,  McNeilLof  Cum- 
berland, Meares,  Moody,  Moseley,  Myers,  Osborne,  Penland, 
Phifer,  Reid,  Rhodes,  Royster,  Shaw,  Sprouse,  Stewart,  Strong, 
Sutherland,  Thornton,  Tracey,  Venable,  Williams,  Winslow, 
Woodfin  and  Wooten — 50. 

And  the  Convention  adjourned. 


IN  CONVENTION,  Friday,  May  31,  1861. 
The  President  called  the  Convention  to  order.     Prayer  by 
Rev.  Joseph  M.  Atkinson,  of  the  Presbyterian  Church. 
The  journal  of  yesterday  was  read  and  approved. 


1861.]  STATE  CONVENTION.  51 

j\lr.  Jones,  of  Rowan,  from  the  committee  appointed  to  inquire 
into  and  report  upon  the  constitutionality  of  an  act  of  the  last 
session  of  the  General  Assembly,  entitled  "An  Act  to  prevent 
the  sacrifice  of  property,  and  to  suspend  proceedings  in  certain 
cases,"  made  a  report  thereon,  asking  to  he  discharged  from  the 
further  consideration  of  the  subject.  The  report  was  concurred 
in,  and  the  committee  discharged. 

Mr.  Green  introduced  the  following  resolution  : 

Resolved^  That  this  Convention  proceed  to-morrow,  at  12 
o'clock,  to  elect  five  commissioners  to  represent  the  State  of 
North  Carolina  in  the  Congress  of  the  Confederate  States  of 
America. 

Mr.  Ilolden  moved  the  following  as  a  substitute  therefor  : 

Resolved,  That  a  committee  be  appointed  to  prepare  and 
report  an  ordinance  providing  for  an  election  by  the  people  of 
this  State  of  five  delegates  to  the  Confederate  Congress,  to  be 
elected  by  general  ticket. 

Mr.  Ruffin  moved  to  amend  the  substitute  by  striking  out 
"five"  and  inserting  "ten,"  which  was  not  agreed  to. 

Mr.  Gorrcll  moved  to  strike  out  "five"  and  insert  "eight," 
pending  the  consideration  of  which,  on  motion  of  Mr.  Ferebee, 
the  subject  was  postponed  until  Monday,  at  12  o'clock. 

Mr.  Badger  ofilered  the  following,  which  was  agreed  to : 

Resolved,  That  the  Committee  on  Finance  be  instructed  to 
inquire  into  the  expediency  of  altering,  modifying,  or  abrogat- 
ing the  act  passed  at  the  late  session  of  the  General  Assembly 
providing  for  the  issue  of  Treasury  notes ;  and  that  said  com- 
mittee report  at  as  early  a  period  as  practicable,  by  ordinance 
or  otherwise. 

The  order  of  the  day  being  then  called  for  by  Mr.  Venable, 
being  the  ordinance  to  ratify  the  Constitution  of  the  Confede- 
rate States,  with  the  proposed  amendments  thereto,  the  pend- 
ing question  being  the  motion  of  Mr.  Graham  to  postpone  the 
further  consideration  of  the  subject  until  the  first  Thursday  in 
August. 

Mr.  Smith,  of  Halifax,  moved  to  postpone  the  same,  and  in 
lieu  thereof,  that  the  Convention  proceed  to  consider  the  ordi- 


52  JOURNAL  OF  THE  [May  31, 

nance  to  provide  for  the  defense  of  the  seaboard  counties  of  the 
State.  On  this  question  the  ayes  and  noes  were  ordered,  on 
motion  of  Mr.  Battle,  of  Wake,  and  resulted  as  follows : 

Ayes — Messrs.  Allison,  Armfield,  Badger,  Barnes,  Battle  of 
Wake,  Bond,  Brodnax,  Calloway,  Cannon,  Christian,  Councill, 
Davidson,  Dick,  Dillard,  Douthitt,  Eller,  Ellison,  Ferebee,  Foster 
of  Ashe,  Foy,  Fuller,  Gilmer,  Gorrell,  Graham,  Grimes,  Hearne, 
Headen,  Holden,  Jones  of  Caldwell,  Jones  of  Rowan,  Kittrell, 
Long,  Mann,  Manning,  McNeill  of  Cumberland,  McNeill  of 
Harnett,  Mebane,  Miller,  Mitchell,  Pettigrew,  Rayner,  Sanders, 
Shipp,  Smith  of  Halifax,  Smith  of  Johnston,  Smith  of  Macon, 
Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrrell,  Thomas 
of  Carteret,  Walton,  Ward,  Warren,  Washington,  Williams  and 
Wilson — 57. 

Noes — Messrs.  Arrington,  Ashe,  Batchelor,  Battle  of  Edge- 
combe, Berry,  Biggs,  Brown,  Bunting,  Carson,  Craige,  Cun- 
ningham, Darden,  Durham,  Edwards,  Green,  Greenlee,  Har- 
grove Henkel,  Hicks,  Houston  of  Duplin,  Houston  of  Union, 
Howard,  Johnston  of  Gaston,  Johnston  of  Mecklenburg,  Leak 
of  Anson,  Leak  of  Richmond,  McDowell  of  Bladen,  McDowell 
of  Burke,  McDowell  of  Madison,  Meares,  Merritt,  Moody, 
Moscley,  Myers,  Osborne,  Patterson,  Penland,  Phifer,  Reid, 
Rhodes,  Royster,  Ruffin,  Satterthwaite,  Shaw,  Stewart,  Strong, 
Sutherland,  Thomas  of  Jackson,  Thompson,  Thornton,  Tracey, 
Turner,  Venable,  Whitford,  Woodfin  and  Wooten — 55. 

So  the  motion  prevailed. 

By  consent,  Mr.  Arrington  withdrew  the  ordinance  heretofore 
introduced  by  him,  providing  for  the  appointment  of  a  Secretary 
of  War,  and  in  lieu  thereof,  offered  another  ordinance  on  the 
same  subject,  which  passed  its  first  reading,  and  was  ordered  to 
lie  on  the  table  and  be  printed. 

The  ordinance  for  the  seaboard  defense  being  then  under 
consideration  on  its  second  reading, 

Mr.  Howard  moved  to  amend  by  striking  out  all  that  part  of 
the  same,  between  the  words  "railroad,"  and  the  words,  "for 
the  exclusive,"  and  inserting  the  following  :  "  One  regiment  of 
cavalry,  one  regiment  of  artillery,  two  regiments  of  rifles,  and 
three  regiments  of  infantry,"  which  was  agreed  to: 


1861.]  STATE  CONVENTION.  53 

Mr.  Howard  also  moved  to  amend  by  adding  the  words,  "pro- 
vided the  said  regiments  can  be  raised  in  that  portion  of  the 
State,"  and  also  to  strike  out  that  part  relating  to  the  rendez- 
vous, which  were  agreed  to. 

Mr.  Howard  now  moved  that  the  whole  subject  do  lie  on  the 
table,  which  was  not  agreed  to. 

On  motion  of  Mr.  Badger,  the  following  amendment  to  the 
ordinance  was  made :  "Said  regiments  shall  be  considered  a  part 
of,  and  not  an  addition  to,  to  the  volunteer  forces,  which  the 
Governor  has  been  authorized  to  raise,  by  an  act  of  the  last 
General  Assembly. 

Mr.  Biggs  moved  that  the  subject  lie  on  the  table. 

On  this  motion  the  ayes  and  noes  were  ordered,  on  motion  of 
Mr.  Spruill,  of  Bertie,  and  resulted  as  follows : 

Aye? — Messrs.  Allison,  Ashe,  Batchelor,  Battle  of  Edge- 
combe, Biggs,  Brodnax,  Bunting,  Craige,  Cunningham,  Dur- 
ham, Edwards,  Greenlee,  Hargrove,  Henkel,  Houston  of  Duplin, 
Howard,  Johnston  of  Gaston,  Jones  of  Rowan,  McDowell  of 
Burke,  McDowell  of  Madison,  McNeill  of  Cumberland,  Mc- 
Neill of  Harnett,  Mitchell,  Osborne,  Patterson,  Pcnland,  Reid, 
Rhodes,  Royster,  Ruffin,  Stewart,  Strong,  Sutherland,  Thomas 
of  Jackson,  Thompson,  Thornton,  Tracy,  Turner,  Woodfin  and 
Wooten— 40. 

Noes — Messrs.  Arrington,  Armfield,  Badger,  Barnes,  Battle 
of  Wake,  Berry,  Bond,  Calloway,  Cannon,  Carson,  Christian, 
Councill,  Darden,  Davidson,  Dick,  Dillard,  Douthitt,  Eller, 
Ellison,  Ferebee,  Foster  of  Ashe,  Foy,  Gilmer,  Graham,  Green, 
Grimes,  Hearne,  Headen,  Hicks,  Holden,  Houston  of  Union, 
Jones  of  Caldwell,  Kittrell,  Leak  of  Anson,  Long,  Mann,  Me- 
bane,  Merritt,  Miller,  Moody,  Pettigrew,  Phifcr,  Rajiier,  San- 
ders, Shaw,  Smith  of  Halifax,  Smith  of  Johnston,  Smith  of 
Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Thomas  of  Carteret, 
Vcnable,  Walton,  Ward,  Warren,  Washington,  Whitford,  Wil- 
liams and  Wilson — 60. 

So  the  motion  did  not  prevail. 

Mr.  Houston,  of  Duplin,  moved  that  the  whole  subject  be 
referred  to  the  Committee  on  Military  Affiiirs,  and  on  this 


54  JOURNAL  OF  THE  [May  81, 

question  tlic  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Spruill,  of  Bertie,  and  resulted  as  follows : 

Ayes — Messrs.  Batclielor,  Biggs,  Brodnax,  Carson,  Craige, 
Cunningliam,  Darden,  Durham,  Edwards,  Hargrove,  Henkel, 
Houston  of  Duplin,  Howard,  Johnston  of  Gaston,  Johnston  of 
Mecklenburg,  Jones  of  Bowun,  McDowell  of  Burke,  McDowell 
of  Madison,  McNeill  of  Cumberland,  McNeill  of  Harnett, 
Miller,  Osborne,  Patterson,  Rayner,  Reid,  Rhodes,  Royster, 
Ruffin,  Shaw,  Stewart,  Strong,  Sutherland,  Thompson,  Thorn- 
ton, Tracy,  Turner,  Venable,  Washington,  Winslow,  Woodfin 
and  Wooten — 41. 

Noes — Messrs.  Allison,  Armfield,  Arrington,  Barnes,  Battle 
of  Wake,  Berry,  Bond,  Bunting,  Calloway,  Cannon,  Christian, 
Councill,  Davidson,  Dick,  Dillard,  Douthitt,  Eller,  Ellison, 
Ferebee,  Foster  of  Ashe,  Foy,  Gilmer,  Gorrell,  Graham,  Green, 
Greenlee,  Grimes,  Hearne,  Headen,  Hicks,  Holden,  Houston 
of  Union,  Jones  of  Caldwell,  Kittrell,  Leak  of  Anson,  Long, 
Mann,  Mebane,  Merritt,  Mitchell,  Moody,  Penland,  Pettigrew, 
Sanders,  Smith  of  Halifax,  Smith  of  Johnston,  Smith  of  Macon, 
Speed,  Sprouse,  Spruill  of  Bertie,  Thomas  of  Carteret,  Thomas 
of  Jackson,  Walton,  Ward,  Warren,  Whitford,  Williams  and 
Wilson — 57. 

So  the  motion  to  refer  did  not  prevail. 

Mr.  Houston,  of  Duplin,  offered  the  following  amendment, 
which  was  not  agreed  to :  "  Add  to  the  2^'^'oviso  adopted  on 
motion  of  Mr.  Howard,  the  following  words :  '  and  if  not,  then 
from  any  other  part  of  the  State.'  " 

Mr.  Pvuffin  moved  to  amend  as  follows  :  strike  out  the  words, 
"east  of  the  Wilmington  and  Weldon  Railroad,"  and  insert 
the  words,  lying  on  and  east  of  the  Wilmington  and  Weldon, 
and  the  Seaboard  and  Roanoke  Railroads,"  which  was  agreed  to. 

Mr.  Thomas,  of  J.,  moved  to  strike  out  the  Avord,  "  instruct- 
ed," and  insert  tlie  Avord,  "  requested,"  which  was  not  agreed  to. 

Mr.  Houston,  of  Duplin,  offered  the  following  amendment — 
add  as  follows:  "And  that  all  the  forces  now  raised  within  the 
section  of  the  State,  included  within  the  eastern  division  of  the 
State,  and  not  assigned  to  any  other  service,  shall  be  retained 
for  this  service,  and  no  other  whatever,"  which  was  not  agreed  to. 


1861.]  STATE   CONVENTION.  55 

The  question  now  recurring  on  the  passage  of  the  ordinance 
on  its  second  reading,  Mr.  Thomas,  of  Jackson,  called  for  the 
ayes  and  noes,  which  beii^  ordered,  resulted  as  follows  : 

Ayes — Messrs.  Allison,  Arnifield,  Arrington,  Barnes,  Battle 
of  Wake,  Berry,  Bond,  Calloway,  Cannon,  Christian,  Davidson, 
Dick,  Dillard,  Douthitt,  Edwards,  Eiler,  Ellison,  Ferebee, 
Foster  of  Ashe,  Foy,  Gilmer,  Gorrell,  Graham,  Green,  Grimes, 
Headen,  Hicks,  Holden,  Jones  of  Caldwell,  Kittrell,  Long, 
Mann,  Mebane,  Merritt,  Moody,  Osborne,  Pettigrew,  Sanders, 
Smith  of  Halifax,  Smith  of  Johnston,  Smith  of  Macon,  Speed, 
Sprouse,  Spruill  of  Bertie,  Thomas  of  Carteret,  Turner,  Vena- 
ble,  Walton,  Ward,  Warren,  Whitford  and  Wilson— 54. 

Noes — Messrs.  Batchelor,  Biggs,  Bunting,  Carson,  Craige, 
Cunningham,  Durham,  Fuller,  Greenlee,  Hargrove,  Hearne, 
Ilenkel,  Houston  of  Duplin,  Houston  of  Union,  Howard, 
Johnston  of  Gaston,  Johnston  of  IMecklenburg,  Jones  of  Rowan, 
McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of  Cum- 
berland, McNeill  of  Harnett,  Miller,  Moseley,  Patterson,  Pen- 
land,  Rayner,  Rhodes,  Royster,  Ruffin,  Shaw,  Stewart,  Strong, 
Sutherland,  Thomas  of  Jackson,  Thornton,  Tracy,  Washington, 
Williams,  Winslow,  Woodfin  and  Wooten — 42. 

So  the  ordinance  passed  its  second  reading. 

On  motion,  the  Convention  then  proceeded  to  sit  with  closed 
doors  ;  and  after  some  time  spent  therein,  the  doors  were  opened 
and  the  Convention  adjourned. 


IN  CONVENTION,  Saturday,  June  1,  1861. 

The  President  took  the  chair  and  called  the  Convention  to 
order. 

The  journal  of  yesterday  was  read  and  approved. 

On  motion  of  Mr.  Leak,  of  Richmond,  leave  of  absence  was 
granted  t6  Mr.  Myers,  of  Anson,  for  three  days. 

The  President  laid  before  the  Convention  a  response  from  the 
Secretary  of  State  to  a  resolution  of  the  Convention,  relating 
to  the  census  statistics,  which  was  ordered  to  lie  on  the  table 
and  be  printed. 


56  iTOURNAL   OF   THE  [May  31, 

Mr.  Howard,  from  the  Committee  on  Military  Affairs,  made 
a  report,  -vvhich  was  ordered  to  lie  on  the  table  and  be  printed, 
in  confidence. 

Mr.  Batchelor  offered  the  followinii; : 

Resolved,  That  a  committee  be  appointed  to  inquire  into  the 
propriety  of  having  the  census  of  North  Carolina  published, 
and*in  what  manner  it  should  be  done  ;  which,  on  motion  of 
Mr.  Satterthwaite,  Avas  ordered  to  lie  on  the  table. 

Mr.  Ruffin  offered  the  following : 

That  it  be  referred  to  a  select  committee  to  inquire — first, 
whether  the  Constitution  ought  not  to  be  so  amended  as  to 
require  that  all  bills  should  be  read  three  times  on  three  several 
days,  in  each  House  of  the  General  Assembly,  before  they 
pass  into  laAvs :  secondly,  aught  not  the  Constitution  to  be  so 
amended  as  to  provide  that  the  Governor  shall  hold  his  office 
for  the  term  of  four  years,  and  be  ineligible  for  the  succeeding 
term,  and  so  as  also  to  vest  in  the  Governor  a  qualified  veto  on 
the  acts  of  the  General  Assembly. 

Mr.  Osborne  moved  to  amend  by  adding,  "  That  said  com- 
mittee be  instructed  to  inquire  into  the  expediency  of  creating 
the  office  of  Lieutenant  Governor,"  which  amendment  was 
accepted  by  Mr.  Ruffin,  and  the  resolution  was  then  agreed  to, 

Mr.  Badger  offered  the  following,  which,  on  his  motion,  was 
ordered  to  lie  on  the  table  and  be  printed : 

Resolved,  That  the  Constitution  of  the  State  ought  to  be 
amended  so  as  to  provide  that  the  ayes  and  noes  shall  not  be 
taken  on  any  question  in  either  house  of  the  General  Assembly, 
unless  the  call  for  the  same  be  seconded  by  one-fifth  of  the 
members  present. 

Resolved,  That  a  committee  of  five  be  appointed  by  the  chair 
to  draw  up  and  report  an  ordinance  providing  for  the  foregoing 
amendment. 

Mr.  Ferebee  offered  the  following,  which  was  agreed  to  : 

Resolved,  That  it  ])e  referred  to  a  committee  to  inquire  into 
the  propriety  or  expediency  of  the  meeting  of  the  General 
Assembly,  on  the  25th  instant,  and  that  that  committee  be 
instructed  to  report  by  ordinance  or  otherwise,  at  an  early  day. 


1861.]  STATE   CONVENTION.    ,  .57 

On  motion  of  Mr.  Johnston,  of  Mecklenburg,  the  ordinance 
heretofore  introduced  by  him  to  amend  the  f<ccond  Section  of 
the  fourth  Article  of  the  Amendments  to  the  Constitution,  was 
then  considere<l,  being  on  its  second  reading. 

Mr.  Biggs  moved  to  strike  out  all  after  the  ordaining  clause, 
and  inserting,  "be  abrogated  and  annulled."  , 

Pending  the  consideration  of  which, 

On  motion  of  Mr.  Ferebee,  the  Convention  adjourned  until 
Monday  morning  at  11  o'clock. 


IN  CONVENTION,  Monday,  June  3,  1861. 

The  hour  having  arrived,  the  President  took  the  chair  and 
called  the  Convention  to  order. 

At  tlie  request  of  the  President  praycv  was  oft'erod  liy  Rev. 
William  Hicks,  of  the  M.  E.  Church,  South,  and  Delegate  to 
the  Convention  from  Haywood  County. 

The  journal  of  Saturday  was  read  and  approved. 

The  President  announced  the  following  committees  : 

On  the  proposed  Amendment  to  the  Second  Article  of  the  Con- 
stitution :  Messrs.  Ruffin,  Osborne,  Badger,  Satterthwaite  and 
Winslow. 

On  the  meeting  of  the  General  Assembly  on  the  25iA  instant: 
Messrs.  Ferebee,  McNeill  of  Cumberland,  Reid,  Lander  and 
Headen. 

Mr.  Osborne  offered  the  following  : 

Resolved,  That  a  committee  be  appointed  to  inquire  into  the 
expediency  of  amending  the  Constitution  so  as  to  require  the 
General  Assembly  to  meet  annually,  and  that  its  sessions  be 
limited  to  a  fixed  period,  and  that  the  apportionment  of  mem- 
bers thereof  be  made  every  ten  years. 

Mr.  Battle,  of  Wake,  moved  to  amend  by  adding:  "Also, 
that  said  committee  inquire  into  the  propriety  of  annual  elec- 
tions of  the  members  of  the  General  Assembly,"  which  "wai 
accepted  by  Osborne,  and  the  resolution  was  agreed  to. 
8 


')8  JOURNAL    OF    THE  [Junk  :!, 

Mr.  Leak,  of  Riclmiond,  offered  the  following,  which  lies 
over  day  under  the  rule  : 

Resolved,  That  during  the  remainder  of  the  session  the  Con- 
vention shall  meet  at  10  o'clock,  A.  M.,  and  adjourn  at  1  o'clock, 
P.  M.,  and  shall  meet  again  at  3  P.  M.,  and  adjourn  at  6  P.  M. 

Mi;.  Gorrell  offered  the  following,  Avhich  was  agreed  to : 

Resolved,  That  His  Excellency,  the  Governor,  be  requested 
to  fm-nish  to  this  Convention  a  copy  of  the  rules,  regulations 
and  penalties,  and  the  articles  of  war  of  the  army  of  the  Con- 
federate States  of  America. 

Mr.  Graham  offered  the  following,  which  was  agreed  to : 

Resolved,  That  the  committee  on  Military  Affairs  be  instructed 
to  inquire  whether  it  is  expedient  to  continue  the  enlistment  oi' 
State  troops,  under  the  recent  act  of  the  General  Assembly 
to  raise  ten  thousand  men  ;  or  whether  the  levies  of  the  State 
should  not  be  directed  to  the  raising  of  volunteers  or  other 
militia  forces,  to  be  mustered  into  the  service  of  the  Confeder- 
ate States. 

Resolved,  That  said  committee  further  inquire,  what  number 
of  forces  of  all  arms,  and  of  each  several  arm  of  the  service, 
it  is  expedient  for  North  Carolina  to  raise  immediately,  con- 
sidering her  relations  to  the  Government  of  the  Confederate 
States  and  the  proportions  in  which  each  State  should  contribute 
to  the  common  defense. 

Resolved,  That  His  Excellency,  the  Governor,  be  requested 
to  furnish  this  Convention  with  copies  of  every  requisition  for 
troops  which  he  has  made,  by  the  authority  of  the  Confederate 
States. 

Mr.  Pettigrew  offered  the  following  resolution,  Avhich  Avas 
agreed  to : 

Resolved,  That  the  Governor  be,  and  he  is  hereby  requested, 
to  furnish  to  the  Convention,  as  early  as  the  information  can 
be  obtained,  as  to  what  quantity  and  description  of  arms,  in 
addition  to  those  now  in  the  State,  would  be  required  to  arm 
the  militia  of  North  Carolina,  nnd  that  said  information  be 
communicated  in  secret  session. 

Mr,  Howard  offered  tlie  followin»,  which  was  agreed  to : 


1661.]  STATE   CONVENTION.  59 

Resolved,  That  the  coiiiiuittee  to  be  appointed  on  the  resolu- 
tion introduced  this  morning  by  Mr.  Osborne,  be  instructed  to 
inquire  into  the  propriety  of  a  new  apportionment  of  the  mem- 
bers of  the  House  of  Commons,  and  Senatorial  districts,  by 
the  General  Assembly,  and  report  by  ordinance  or  otherwise. 

The  hour  having  arrived  for  the  consideration  of  the  special 
order,  being  the  resolution  of  Mr.  Green  and  the  amendments 
thereto,  the  pending  (juestion  being  on  the  amendment  of  Mr. 
Gorrell,  to  strike  out  "five,"  and  insert  "eight :" 

Mr.  Venablc  moved  to  postpone  the  same  for  the  purpose  of 
considering  the  ordinance  to  ratify  the  Constitution  of  the 
Confederate  States  of  America,  which  was  agreed  to. 

The  question  pending  was  the  motion  of  Mr.  Graham  to 
postpone  the  further  consideration  of  the  subject  until  the  first 
Monday  in  August  next,  and  after  some  time  spent  thereon, 

Mr.  Pettigrew  moved  that  the  Convention  adjourn,  and  it 
was  not  agreed  to. 

Mr.  Thomas,  of  Jackson,  moved  that  the  Convention  resolve 
itself  into  a  Committee  of  the  Whole,  for  the  purpose  of  con- 
sidering the  pending  question,  which  motion  was  not  concur- 
red in. 

And  then,  on  motion  of  Mr.  Graham,  the  Convention  ad- 
journed. 


IN  CONVENTION,  Tuesday,  June  I,  1861. 

The  President  took  the  chair  and  called  the  Convention  to 
order. 

Prayer  by  the  Rev.  Joel  W.  Tucker,  of  the  M.  E.  Churcli, 
South. 

The  journal  of  yc.-^terday  w^as  read  and  approved. 

Mr.  Badger  offered  the  following  additional  rules  : 

After  the  journal  is  read,  the  President  shall  first  call  for 
petitions,  and  then  for  reports  from  committees,  after  which 
resolutions  and  proposed  ordinances  shall  be  in  order. 

Every  resolution  and  every  report  of  a  committee  .shall  lie- 
one  day  for  consideration. 


60  JOURNAL   OF  THE  [June  4, 

A  motion  that  the  Convention  go  into  secret  session  shall  be 
in  order  after  the  call  for  resolutions  and  proposed  ordinances, 
and  shall  be  decided  ^Yithout  debate. 

All  proposed  ordinances  shall,  after  the  first  reading,  be 
printed  for  the  use  of  ,the  Convention,  but  no  other  paper  or 
document  shall  be  printed  for  the  use  of  the  Convention  with- 
out special  order. 

The  President  shall  not  call  for  the  orders  of  the  day  until 
one  hour  after  the  meeting  of  the  Convention,  but  -when  the 
time  shall  have  arrived  for  the  consideration  of  a  special  order, 
it  shall  be  the  duty  of  the  chair  to  take  up  such  special  order, 
and  the  Convention  shall  proceed  to  consider  it,  unless  it  be 
postponed  by  a  vote  of  the  Convention. 

When  two  or  more  subjects  shall  be  assigned  for  the  same 
hour,  they  shall  take  precedence  according  to  the  time  at  which 
they  shall  be  assigned. 

Special  orders  shall  have  precedence  of.  general  orders,  and 
shall  not  lose  their  position  as  such,  nor  their  relative  position 
on  the  calendar,  unless  by  vote  of  the  Convention,  until  finally 
disposed  of;  and  amongst  these  orders,  general  or  special,  the 
unfinis]^ed  business  upon  which  the  Convention  shall  have  been 
engaged  at  the  last  preceding  adjournment,  shall  have  the 
preference. 

The  titles  of  ordinances,  and  such  parts  thereof  only  as 
shall  be  afiected  by  proposed  amendments,  shall  be-  inserted  on 
the  journal. 

Before  any  ordinance  or  resolution,  having  the  force  of  law, 
shall  be  presented  for  the  signature  of  the  President,  the  saiiffe 
shall  be  fairly  enrolled  under  tlie  direction  of  the  Secretary, 
and  such  enrollment  shall  be  carefully  compared  and  examined 
with  the  ordinance  or  resolution  passed  by  the  Convention  and 
reported  to  be  duly  enrolled  by  a  committee  consisting  of  two 
members,  to  be  appointed  by  the  President,  to  he  cnlled  "  the 
Committee  on  Enrollments." 

No  proposed  ordinance  nor  resolution,  or  other  paper  pending 
in  the  Convention,  shall  fall  or  be  lost  by  reason  of  any 
recess  or  adjournment  over,  but  the  same  shall  be  resumed  an,d 


1861.]  STATE   CONVENTION.  61 

acted  upon  at  the  reassembling  of  the  Convention,  in  the  same 
manner  as  if  such  ncljournment  or  recess  had  not  taken  place. 

The  Secretary  shall  weekly  prepare  a  statement  or  calendar, 
showing  the  condition  and  order  of  the  business  before  the 
Convention,  and  shall  have  the  same  printed  for  the  use  of  the 
members. 

lie  also  moved  to  amend  the  last  rule  now  in  force  in  the 
Convention,  by  inserting  after  the  word  "alteration,''  the  word;?, 
"nor  shall  any  rule  be  suspended." 

The  President  announced  the  following  committees : 

On  Annual  Elections  and  Sessions  of  the  General  Assembly  : 
jMessrs.  Howard,  Osborne,  Battle  of  Wake.  Thornton  and 
Gilmer. 

On  the  46^/i  Section  of  the  Constitution  :  Messrs.  Rayner, 
Merritt,  Berry,  Royster  and  Hicks. 

On  motion  of  Mr.  Ellison,  the  resolution  lierctoforc  intro- 
duced by  him,  in  relation  to  the  time  of  holding  the  daily  ses- 
sions of  the  Convention,  was  taken  up  for  consideration. 

Mr.  Jones,  of  Rowan,  moved  to  amend  by  striking  out  that 
part  relating  to  afternoon  sessions,  which  was  not  agreed  to. 

The  resolution  was  then  amended  so  as  to  provide  that  the 
sessions  shall  commence  at  10  o'clock,  A.  M.,  with  a  recess 
from  2  to  4,  P.  M. 

The  question  now  recurring  upon  the  adoption  of  the  reso- 
lution as  amended,  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Ellison,  and  resulted  as  follows : 

Ayes — Messrs.  Allison,  Arrington,  Armfield,  Ashe,  Batch- 
elo^  Battle  of  Edgecombe,  Battle  of  Wake,  Berry,,  Biggs, 
Bond,  Brodnax,  Brown,  Bunting,  Calloway,  Cannon,  Carson, 
Christian,  Councill,  Craige,  Cunningham,  Darden,  Davidson, 
Dick,  Dillaid,  Douthitt,  Durham,  Eller,  Ellison,  Ferebee,  Fos- 
ter of  Ashe,  Foy,  Fuller,  Gorrell,  Graham,  Green,  Greenlee, 
Grimes,  Ilamlin,  Hargrove,  Hearne,  Ilcaden,  Henkel,  Hicks, 
Houston  of  Duplin,  Houston  of  Union,  Howard,  Johnston  of 
Gaston,  Johnston  of  Mecklenburg,  Jones  of  Caldwell,  Lander, 
Leak  of  Anson,  Leak  of  Richmond,  Long,  Mann,  McDowell  of 
Bladen,  McDowell  of  Burke,  McDowell  of  Madison,   xMcNeill 


62  JOURNAL   OF   THE  [June  4, 

of  Cumberland,  McNeill  of  Harnett,  Miller,  Mitchell,  Mood}', 
Moseley,  Myers,  Patterson,  Phifer,  Reid,  Rhodes,  Royster, 
Sanders,  Satterthwaite,  Shaw,  Smith  of  Halifax,  Smith  of  Macon. 
Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrrell,  Stewart, 
Sutherland,  Thomas  of  Carteret,  Thompsoli,  Thornton,  Tracy, 
Turner,  Venable,  Ward,  Warren,  Washington,  Wilson  and 
Wooten— 92. 

Noes — Messrs.  Badger,  Edwards,  Gilmer,  Holden,  Jones  of 
Rowan,  Meares,  Osborne,  Penland,  Pettigrew,  Rayner,  Ruffin, 
Shipp,  Smith  of  Johnston  and  Whitford — 14. 

So  the  resolution  was  agreed  to. 

Mr.  Hicks  offered  the  following,  which  was  agreed  to  : 

Resolved,  That  a  committee  of  five  be  appointed  to  inquire 
into  the  propriety  of  so  changing  the  Constitution  of  the  State  as 
to  declare  that  those  who  have  not  reached  the  age  of  twenty-one 
years  are  ineligible  to  a  seat  in  the  lower  branch  of  the  General 
Assembly,  and  that  those  who  are  under  the  age  of  twenty-five 
years  are  ineligible  to  a  seat  in  the  Senate  of  the  said  General 
x\ssembly. 

Mr.  Speed  offered  the  foUoAving,  which  was  agreed  to : 

Resolved,  That  the  committee  on  the  election  and  sessions  of 
the  General  Assembly  be  instructed  to  inquire  into  the  expedi- 
ency of  so  amending  the  State  Constitution  as  to  reduce  the 
number  of  the  Senate  to  thirty-two,  and  the  classification  of  the 
same  so  as  to  elect  one-third  every  two  years,  so  that  the  entire 
body  will  be  changed  every  six  years ;  if  the  elections  for  the 
House  of  Commons  be  biennially,  or  so  that  one-fourth  shall 
be  elected  every  year  ;  if  the  elections  of  the  House  of  Com- 
mons be  annually,  so  that  the  entire  body  shall  be  changed 
every  four  years.  Also  to  inquire  into  the  expediency  of  reduc- 
ino;  the  number  of  the- House  of  Commons  to  one  hundred. 

Mr.  Stewart  offered  the  following,  which  lies  over  one  day, 
under  the  rules: 

Resolved^  That  no  member  shall  be  allowed  to  speak  longer 
than  twenty  minutes  on  any  subject  until  the  permanent  Consti- 
tution, the  defense  of  the  State,  and  the  election  of  delegates 
to  the  Southern  Congress  shall  have  been  disposed  of. 


18fil.]  STATE    CONVENTION.  G:i 

Mr.  Ward  offered  the  f<dlowinir : 

Resolved.,  That  from  and  after  Monday  next,  10th  instant, 
this  Convention  take  a  recess  until  the  22d  of  July,  unless  sooner 
convened  by  the  proclamation  of  the  President. 

Mr.  Hicks  moved  to  amend  by  striking  out  the  words,  "'22nd 
of  July,"  and  inserting  the  words,  "first  Monday  in  October." 

Mr.  Pettigrew  moved  that  the  whole  subject  lie  on  the  table, 
on  which  the  ayes  and  noes  were  ordered  on  motion  of  Mr. 
Foy,  and  resulted  as  follows  : 

Ayes— Messrs.  Allison,  Arrington,  Armfield,  Badger,  Batch- 
elor,  Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Biggs, 
Bond,  Cannon,  Carson,  Council!,  Dick,  Douthitt,  Edwards, 
Ferebee,  Fuller,  Gilmer,  Gorrell,  Graham,  Hamlin,  Ileaden, 
Holden,  Jones  of  Caldwell,  Jones  of  Rowan,  Kittrell,  Lander. 
Long,  Mitchell,  Myers,  Osborne,  Penland,  Pettigrew,  Phifei-. 
Rayner,  Ruffin,  Sanders,  Satterthwaite,  Smith  of  Halifax, 
Smith  of  Johnston,  Smith  of  Macon,  Sprouse,  Spruill  of  Bertie. 
Spruill  of  Tyrrell,  Thomas  of  Carteret,  Turner,  Warren,  Wash- 
ington, Wilson  and  Woodfin — 51. 

Noes— Messrs.  Ashe,  Brodnax,  Brown,  Bunting,  Calloway. 
Christian,  Craige,  Cunningham,  Darden,  Davidson,  Dillard. 
Durham,  J]ller,  Ellison,  Foster  of  Ashe,  Foy,  Green,  Greenlee, 
Hargrove,  Hearne,  Henkel,  Hicks,  Houston  of  Duplin,  Houston 
of  Union,  Howard,  Johnston  of  Gaston,  Johnoton  of  Mecklen- 
burg, Leak  of  Anson,  Leak  of  Richmond,  Mann,  McDowell  of 
Bladen,  McDowell  of  Burke,  McDowell  of  Madison,  Mc- 
Nfeill  of  Cumberland,  McNeill  of  Harnett,  Moody,  Mosely,  Reid, 
Rhodes,  Royster,  Shaw,  Speed,  Stewart,  Sutherland,  Thompson! 
Tl;ornton,  Tracey,  Venable,  Walton,  Ward  a,nd  Wooten— 58. 

So  the  motion  did  not  prevail. 

Mr.  Graham  moved  that  the  subject  be  referred  to  a  select 
committee  ;  pending  the  consideration  of  which. 

On  motion,  the  lobbies  and  galleries  were  cleared,  and  the  Con- 
vention sat  with  closed  doors. 

After  some  time  spent  therein,  the  doors  were  opened,  and 
the  Convention  proceeded  to  the  consideration  of  the  ordinance 
to  ratify  the  Constitution  of  the  Confederate  States  of  America, 


'64  JOURNAL   OF  TllJE  [June  5, 

and  the  amendments  thereto  proposed — the  pending  question 
being  on  the  motion  of  Mr.  Graham  to  postpone  the  further 
consideration  of  the  subject  until  the  first  Monday  in  August 
next.  » 

Without  arriving  at  any  conclusion  thereon,  by  consent, 
Mr.  Rayner,  from  the  Committee  on  Finance,  to  whom  was 
referred  an  ordinance  to  provide  for  a  Board  of  Claims,  reported 
the  same  back  to  the  Convention,  with  a  proposed  substitute 
therefor,  which  said  substitute  the  committee  recommended 
should  pass. 

The  substitute  then  passed  its  first  reading. 
The  President  announced  the  following  committee  : 
On  Ceding  the  Arsenal^  at  Fayetteville,  to  the  Confederate 
States :  Messrs.  Craige,  Woodfin,  Graham,  Kittrell  and  McNeill 
of  Cumberland. 

On  motion  of  Mr.  Badger,  the  Convention  adjourned. 


IN   CONVENTION,  Wednesday,  June  5,  1861. 

The  President  took  the  chair  and  called  the  Convention  to 
order.  Prayer  by  the  Rev.  C.  D.  Smith,  of  the  M.  E.  Church, 
South,  and  a  Delegate  from  the  county  of  Macon. 

The  journal  of  yesterday  was  read  and  approved. 

John  L.  Holmes,  Delegate  from  New  Hanover,  elected  to  fill 
the  vacancy  created  by  the  resignation  of  Col.  Robert  H.  Cowan, 
appeared,  produced  his  credentials,  and  took  his  seat  in  the 
Convention. 

On  motion  of  Mr.  Badger,  the  additional  rules  proposed  .by 
him  on  yesterday,  were  taken  up  and  agreed  to,  and  the  Secre- 
tary was  instructed  to  have  the  entire  rules  numbered  and  printed 
for  the  use  of  the  Convention. 

Mr.  Stewart  called  up  his  resolution  proposing  to  limit  the 
speeches  of  members  until  certain  business  is  disposed  of; 
Avhereupon  the  same  was  ordered  to  lie  on  the  table  by  a  vote 
taken  by  ayes  and  noes,  on  the  motion  of  Mr.  Armfield,  as  fol- 
lows : 


1861.]  STATE   CONVENTION.  Cr, 

Ayes — Messrs.  AJlisori,  ArriDgton.  Armfield,  Badger,  Barnes, 
Battle  of  Wake,  Berry,  Bond,  Brown,  Calloway,  Cannon, 
Christian,  Davidson,  Dick,  Douthitt,  Edwards,  Eller,  Ferebee, 
Foster  of  Ashe,  Foy,  Gilmer,  Gorrell,  Graham,  Hamlin,  Hearne, 
Headen,  Holden,  Jones  of  Caldwell,  Jones  of  Rowan,  Long, 
Manning,  McNeill  of  Harnett,  Merritt,  Mitchell,  Osborne, 
Penland,  Pettigrcw,  Phifer,  Rayner,  Ruffin,  Sanders,  Satter- 
thwaite.  Smith  of  Halifux,  Smith  of  Johnston,  Smith  of  Macon, 
Speed,  Sprouse,  Spruill  of  Bertie,  Spniill  of  Tyrrell,  Strong, 
Thomas  of  Carteret,  Thornton,  Turner,  Venable,  Walton, 
Warren,  Washington,  Whitford,  Wilson  and  Woodfin — 60. 

Noes — Messrs.  Ashe,  Batchelor,  Battle  of  Edgecombe,  Biggs, 
Brodnax,  Bunting,  Carson,  Councill,  Cunningham,  Darden, 
Dillard,  Durham,  Ellison,  Fuller,  Green,  Greenlee,  Grimes, 
Hargrove,  Heiikcl,  Hicks,  Holmes,  Houston  of  Duplin,  Hous- 
ton of  Union,  Johnston  of  Gaston,  Johnston  of  Mecklenburg, 
Lander,  Leak  of  Anson,  Leak  of  Richmond,  Mann,  McDowell 
of  Bladen,  McDowell  of  Burke,  McDowell  of  Madison,  Mc- 
Neill of  Cumberland,  Miller,  Moody,  Moseley,  Myers,  Patter- 
son, Reid,  Rhodes,  Royster,  Stewart,  Sutherland,  Thompson, 
Tracy,  Ward,  Williams  and  Wooten — -50. 

On  motion  of  Mr.  Craige,  the  Convention  proce'cded  to  sit 
with  closed  doors;  and  after  some  time  spent  therein,  the  doors 
were  opened,  and  the  Convention  proceeded  with  business  in 
open  session. 

The  President  announced  the  following  Committee  on  Enrol- 
ments: Messrs.  Strong  and  Battle,  of  Wake. 

The  unfinished  business  of  yesterday,  being  tlie  ordinance  to 
ratify  the  Constitution  of  the  Confederate  States,  was  then 
taken  up  for  consideration,  pending  which, 

Mr.  Ruffiin  moved  that  the  Convention  adjourn.  On  this 
question  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Cunningham,  and  resulted  as  follows : 

Ayes— Messrs.  Allison,  Armfield,  Badger,  Barnes,  Batchelor, 

Battle  of  Wake,  Berry,  Bond,  Calloway,  Cannon,   Davidson, 

Dick,  Edwards,  Ellison,    Ferebee,    Gilmer,   Gorrell,   Graham, 

Hamlin,  Headen,   Holden,  Jones  of  Rowan,  Leak   of  Anson, 

9 


66  JOURNAL  OF  THE  [June  5, 

Long,  Mann,  Manning,  McNeill  of  Cumberland,  McNeill  of  Har- 
nett, Merritt,  Mitchell,  Osborne,  Penland,  Pettigrew,  Rayner, 
Ruffin,  Satterthwaite,  Smith  of  Halifax,  Smith  of  Johnston, 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Sutherland,  Thomas  of 
Car.,  Walton,  Warren,  Washington,  Whitford  and  AVooten — 48. 
Noes — Messrs.  x\rrington,  Ashe,  Battle  of  Edgecombe,  Biggs, 
Brodnax,  Brown,  Bunting,  Carson,  Councill,  Craige,  Cunning- 
ham, Darden,  Dillard,  Douthitt,  Durham,  Foster  of  Ashe,  Foy, 
Fuller,  Green,  Greenlee,  Grimes,  Hargrove,  Hearne,  Henkel, 
Hicks,  Holmes,  Houston  of  Duplin,  Houston  of  Union,  Howard, 
Johnston  of  Gaston,  Jones  of  Caldwell,  Lander,  Leak  of  Rich- 
mond, McDowell  of  Bladen,  McDowell  of  Burke,  McDowell  of 
Madison,  Miller,  Moody,  Moseley,  Myers,  Phifer,  Reid,  Rhodes, 
Royster,  Sanders,  Shaw,  Smith  of  Macon,  Stewart,  Strong, 
Thompson,  Thornton,  Tracy,  Turner,  Venable,  Ward  and  Wil- 
liams— 56. 

So  the  Convention  refused  to  adjourn. 
After  further  consideration, 

Mr.  Gilmer  moved  that  the  Convention  adjourn  ;  and  on  this 
question  the  ayes  and  noes  were  ordered  on  motion  of  Mr.  Leak, 
of  Richmond,  and  resulted  as  follows : 

Ayes — Messrs.  Allison,  Badger,  Barnes,  Berry,  Bond,  Cal- 
loway, Cannon,  Davidson,  Dick,  Douthitt,  Edwards,  Eller, 
Ellison,  Ferebee,  Foy,  Gilmer,  Graham,  Hamlin,  Headen,  Hol- 
den,  Johnston  of  Mecklenburg,  Jones  of  Caldwell,  Jones  of 
Rowan,  Lander,  Leak  of  Anson,  Mann,  Manning,  McNeill  of 
Cumberland,  Merritt,  Mitchell,  Osborne,  Penland,  Pettigrew, 
Rayner,  Satterthwaite,  Shipp,  Smith  of  Halifax,  Smith  of 
Johnston,  Smith  of  Macon,  Speed,  Spruill  of  Bertie,  Spruill 
of  Tyrrell,  Sutherland,  Thomas  of  Carteret,  Walton,  Warren, 
Whitford,  Wilson  and  Woodfin — 50. 

Noes — Messrs.  Arrington,  Ashe,  Batchelor,  Battle  of  Edge- 
combe, Battle  of  Wake,  Biggs,  Brodnax,  Brown,  Bunting, 
Carson,  Christian,  Councill,  Craige,  Cunningham,  Darden, 
Dillard,  Durham,  Foster  of  Ashe,  Fuller,  Greenlee,  Grimes, 
Hargrove,  Hearne,  Henkel,  Hicks,  Holmes,  Houston  of  Union, 
Howard,  Johnston  of  Gaston,  Leak  of  Richmond,  McDowell  of 


1861.]  STATE   CONVENTION.  6T 

Bladen,  McDowell  of  Burke,  McDowell  of  INIadison,  McNeill 
of  Harnett,  Miller,  Moody,  Moseley,  Myers,  Phifer,  Reid, 
Rhodes,  Royster,  Sanders,  Shaw,  Stewart,  Strong,  Thomp- 
son, Thornton,  Tracy,  Turner,  Venable,  Ward,  Williams  and 
Wooten — 54. 

After  debate,  on  motion  of  Mr.  Satterthwaite,  the  further  con- 
sideration of  the  subject  was  postponed  until  to-morrow  at  11 
o'clock. 

And  then,  on  motion  of  Mr.  Badger,  the  Convention  adjourned. 


IN  CONVENTION,  Thursday,  June  6,  1861. 

The  hour  having  arrived,  the  President  took  the  chair  and 
called  the  Convention  to  order.  Prayer  by  Rev.  P.  C.  Henkel, 
of  ^the  Lutheran  Church,  and  member  from  Catawba  County. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Biggs  offered  the  following,  which  lies  over  one  day  under 
the  rules : 

Resolved,  That  this  Convention,  on  the next,  at  six 

o'clock,  A.  M.,  will  adjourn  its  present  session  and  take  a  recess 
until  the  first  Monday  in  October  next,  at  which  time  it  will 
again  convene :  Provided,  horvever,  It  may  be  sooner  convened 
by  the  proclamation  of  the  President  or  any  five  members  of 
the  Convention,  in  case  of  the  death  of  the  President. 

Mr.  Biggs  offered  the  following,  which  passed  its  first  reading : 

Resolved,  That  the  resolution  of  the  General  Assembly 
adjourning  the  extra  session  thereof  until  the  25th  instant,  be 
and  the  same  is  hereby  repealed,  and  the  said  General  Assem- 
bly shall  meet  in  regular  session  at  such  time,  during  this  year, 
as  may  be  appointed  by  the  Governor,  of  which  he  shall  make 
proclamation. 

Resolved  further,  That  the  Governor  shall,  by  proclamation, 
immediately  notify  the  members  of  the  General  Assembly  of 
the  adoption  of  the  above  resolution. 

Mr.  Smith,  of  Macon,  offered  the  following,  which  was 
agreed  to : 


68  JOURNAL   OF   THE  [June  6, 

Resolved,  That  the  Committee  on  Finance  be  instructed  to 
inquire  into  the  claims  of  Sheriffs  for  holding  elections  of  mem- 
bers of  the  State  Convention,  and  report  an  ordinance  provid- 
ing for  their  payment. 

Mr.  "Wilson  offered  a  resolution  proposing  a  change  in  the 
Constitution,  so  as  to  elect  Justices  of  the  Peace  by  the  qualified 
voters  of  the  House  of  Commons,  limiting  their  terms  of  ser- 
vice, &c.,  which  lies  over  one  day  under  the  rule. 

Mr.  Hamlin  offered  a  resolution  proposing  to  change  the 
Constitution,  so  as  to  allow  citizen  soldiers  to  vote  for  certain 
officers  any  where  in  the  State  ;  which  lies  over  one  day  under 
the  rule. 

Mr.  Smith,  of  Johnston,  offered  a  resolution  on  the  same 
subject,  which  lies  over  one  day  also. 

Mr.  Armfield  introduced  a  resolution  in  the  nature  of  an 
ordinance,  proposing  to  strike  out  that  part  of  the  State  Con- 
stitution which  prohibits  "Clergymen  and  preachers  of  the 
Gospel"  from  holding  office  as  members  of  the  General  Assem- 
bly or  Councillors  of  State  ;  which  lies  over  one  day  under  the 
rule. 

On  motion  of  Mr.  Green,  the  Convention  then  went  into  the 
consideration  of  the  resolution  and  amendments  relating  to 
the  election  of  Delegates  to  the  Confederate  Congress ;  the 
question  being  the  motion  of  Mr.  Gorrell  to  strike  out  "five" 
and  insert  "eight." 

After  consideration,  the  motion  to  amend  the  amendment 
prevailed. 

The  hour  of  11  o'clock  having  arrived,  the  Convention  pro- 
ceeded to  the  special  order  set  therefor,  the  same  being  the 
ordinance  to  ratify  the  Constitution  of  the  Confederate  States ; 
the  pending  question  being  the  motion  of  Mr.  Graham  to  post- 
pone the  subject  until  the  first  Monday  in  August  next,  and  the 
same  was  considered  until  the  hour  arrived  for  a  recess  until 
four  o'clock,  P.  M. 


1861.]  STATE   CONVENTION.  69 

4  O'clock,  P.  M. 

The  Convention  having  re-assembled,  the  President  laid  before 
the  Body  a  communication  from  His  Excellency,  the  Governor, 
in  response  to  a  resolution,  transmitting  a  copy  of  the  "  Arti- 
cles of  War  for  the  government  of  the  Army  of  the  Confeder- 
ate States,"  which  was  ordered  to  lie  on  the  table. 

The  Convention  then  resumed  the  business  last  considered  at 
the  morning  session,  and  after  some  time  spent  therein,  by  gen- 
eral consent,  Mr.  Graham  withdrew  the  pending  amendment, 
and  in  lieu  thereof,  introduced  the  following  :  "  Provided, 
That  full  provision  be  made  for  the  representation  of  North 
Carolina,  in  proportion  to  her  population,  as  compared  with 
that  of  the  other  States,  in  the  election  of  electors  for  Presi- 
dent and  Vice  President  and  members  of  Congress,  in  the  elec- 
tion to  be  held  prior  to  putting  in  operation  the  government 
established  by  said  Constitution. 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Graham,  and  resulted  as  follows : 

Ayes — Messrs.  Allison,  Armfield,  Battle  of  Wake,  Berry, 
Bond,  Calloway,  Cannon,  Cliristian,  Davidson,  Dick,  Douthitt, 
Eller,  Ellison,  Eerebee,  Gilmer,  Gorrell,  Graham,  Holden, 
Jones  of  Caldwell,  Kittrell,  Long,  Mann,  Manning,  Myers,  Pet- 
tigrew,  Rayner,  Sanders,  Smith  of  Johnston,  Speed,  Sprouse, 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Thomas  of  Carteret,  War- 
ren, Washington  and  Wilson — 36. 

Noes — Messrs.  Arrington,  Aslie,  Badger,  Barnes,  Batchelor, 
Battle  of  Edgecombe,  Biggs,  Brodnax,  Brown,  Bunting,  Carson, 
Councill,  Craige,  Cunningham,  Darden,  Dillard,  Durham,  Ed- 
wards, Foster  of  Ashe,  Fuller,  Green,  Greenlee,  Grimes,  Hamlin, 
Hargrove,  Hearne,  Headen,  Henkel,  Hicks,  Holmes,  Houston 
of  Duplin,  Houston  of  Union,  Howard,  Johnston  of  Gaston, 
Jolmstoii  of  Mecklenburg,  Jones  of  Rowan,  Lander,  Leak  of 
Anson,  Leak  of  Richmond,  McDowell  of  Bladen,  McDowell 
of  Burke,  McDowell  of  Madison,  McNeill  of  Cumberland, 
McNeill  of  Harnett,  Mearcs,  Mebane,  Merritt,  Miller,  Mitchell, 
Moody,  Moseley,  Osborne,  Patterson,  Penland,  Phifer,  Reid, 
Rhodes,  Roystcr,  Rufiin,  Satterthwaite,  Shaw,  Shipp,  Smith  of 


70  JOURNAL  OF  THE  [June  6, 

Halifax,  Smith  of  Macon,  Stewart,  Strong,  Sutherland,  Thomas 
of  Jackson,  Thompson,  Thornton,  Tracy,  Turner,  Venable, 
Walton,  Ward,  Whitford,  AVilliams,  Woodfin  and  Wooten— 79. 

So  the  amendment  did  not  prevail. 

The  amendment  of  Mr.  Dick  having  been,  by  consent,  with- 
drawn temporarily,  to  make  the  foregoing  amendment  of  Mr. 
Graham  in  order,  was  now  renewed,  and  on  its  adoption  the 
ayes  and  noes  were  ordered,  on  motion  of  Mr.  Dick,  and 
resulted  as  follows : 

Ayes — Messrs.  Allison,  Armfield,  Battle  of  Wake,  Berry, 
Bond,  Calloway,  Cannon,  Christian,  Councill,  Davidson,  Dick, 
Douthitt,  Eller,  Ellison,  Ferebee,  Gilmer,  Gorrell,  Graham, 
Headen,  Holdcn,  Jones  of  Caldwell,  Kittrell,  Long,  Mann,  Man- 
ning, Merritt,  Mitchell,  Sanders,  Smith  of  Johnston,  Smith  of 
Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrrell, 
Thomas  of  Carteret,  Walton,  Warren  and  Wilson — 38. 

Noes — Messrs.  Arrington,  Ashe,  Badger,  Barnes,  Batchelor, 
Battle  of  Edgecombe,  Biggs,  Brodnax,  Brown,  Bunting,  Car- 
son, Craige,  Cunningham,  Darden,  Dillard,  Durham,  Edwards, 
Foster  of  Ashe,  Foy,  Fuller,  Green,  Greenlee,  Grimes,  Hamlin, 
Hargrove,  Hearne,  Henkel,  Hicks,  Holmes,  Houston  of  Duplin, 
Houston  of  Union,  Howard,  Johnston  of  Gaston,  Johnston  of 
Mecklenburg,  Jones  of  Rowan,  Lander,  Leak  of  Anson,  Leak 
Richmond,  McDowell  of  Bladen,  McDowell  of  Burke,  McDowell 
of  Madison,  McNeill  of  Cumberland,  McNeill  of  Harnett, 
Meares,  Mebane,  Miller,  Moody,  Moseley,  Myers,  Osborne, 
Patterson,  Penland,  Phifer,  Ptayner,  Reid,  Rhodes,  Royster, 
Ruffin,  Satterthwaite,  Shaw,  Shipp,  Smith  of  Halfax,  Stewart, 
Strong,  Sutherland,  Thomas  of  Jackson,  Thompson,  Thornton, 
Tracy,  Turner,  Venable,  Ward,  Washington,  Whitford,  Wil- 
liams, Woodfin  and  Wooten — 75. 

So  the  amendment  was  not  agreed  to. 

Mr.  Warren  offered  the  following  amendment,  to  come  in  at 
the  end  of  the  ordinance : 

"  Declaring,  nevertheless,  that  as  the  power  conferred  through 
said  Constitution  on  the  Confederate  Government  emanates  from 


1861.]  STATE  CONVENTION.  71 

the  people  of  the  several  States  in  their  separate  sovereign 
capacity,  said  powers  may  be  rescinded  in  the  same  manner  in 
which  they  are  delegated,  whenever  they  shall  be  perverted  to 
the  injury  of  the  people ;  each  State,  by  her  delegates  in  Con- 
vention, having  the  right  to  judge  of  the  occasion  that  may 
require  such  action." 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Warren,  and  resulted  as  follows  : 

Ayes — .Messrs.  Allison,  Barnes,  Batchelor,  Battle  of  Edge- 
combe, Battle  of  Wake,  Bond,  Calloway,  Cannon,  Christian, 
Councill,  Dillard,  Ellcr,  Green,  Ilicks,  Houston  of  Duplin, 
jNIann,  McDowell  of  Bladen,  Mitchell,  Moseley,  Shaw,  Speed, 
Spruill  of  Bertie,  Strong,  Thompson,  Warren  and  Whitford — 20. 

Noes — Messrs.  Armfield,  Arrington,  Ashe,  Badger,  Berry, 
Biggs,  Brodnax,  Brown,  Bunting,  Carson,  Craige,  Cunningham, 
Darden,  Davidson,  Dick,  Douthitt,  Durham,  Edwards.  Ellison, 
Ferebee,  Foster  of  Ashe,  Fuller,  Gilmer,  Gorrell,  Graham, 
Greenlee,  Grimes,  Hamlin,  Hargrove,  Hearne,  Headen,  Henkel, 
Holden,  Holmes,  Houston  of  Union,  Howard,  Johnston  of  Gas- 
ton, Johnston  of  Mecklenburg,  Jones  of  Caldwell,  Jones  of 
Rowan,  Kittrell,  Lander,  Leak  of  Anson,  Leak  of  Richmond, 
Long,  Manning,  McDowell  of  Burke,  McDowell  of  Madison, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares,  Mebane, 
Merritt,  Miller,  INIoody,  Myers,  Osborne,  Penland,  Pettigrew, 
Phifer,  Rayner,  Reid,  Rhodes,  Royster,  Ruffin,  Sanders,  Satter- 
thwaite,  Shipp,  Smith  of  Plalifax,  Smith  of  Johnston,  Smith  of 
Macon,  Sprouse,  Spruill  of  Tyrrell,  •  Stewart,  Sutherland, 
Thomas  of  Carteret,  Thomas  of  Jackson,  Thornton,  Tracy, 
Turner,  Venable,  Walton,  Ward,  Washington,  Williams,  Wilson, 
Woodfin  and  Wooten— 88. 

So  the  amendment  was  not  agreed  to. 

The  question  then  recurring  on  the  amendment  recommended 
by  the  committee. 

Mr.  Ruffin  moved  to  amend  the  same  by  adding  to  the  first 
clause  thereof,  the  words,  "  the  terms  of  Avhich  appears  in  a 
schedule  hereto  annexed,"  which  was  agreed  to. 


72  JOURNAL   OF   THE  [June  6, 

As  amended,  the  amendment  proposed  l)y  the  committee  was 
then  agreed  to,  upon  a  call  of  the  ayes  and  noes,  ordered  on 
the  motion  of  Mr.  Spruill,  of  Bertie,  as  follo^YS : 

Ayes — Messrs.  Allison,  Arrafield,  Badger,  Barnes,  Batchelor, 
Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Bond,  Brodnax, 
Brown,  Cannon,  Christian,  Cunningham,  Darden,  Davidson, 
Dick,  Douthitt,  Eller,  Ellison,  Ferebee,  Fuller,  Gilmer,  Gorrell, 
Graham,  Grimes,  Hearne,  Headen,  Hicks,  Holden,  Houston  of 
Union,  Howard,  Johnston  of  Mecklenburg,  Jones  of  Caldwell, 
Jones  of  Bowan,  Kittrell,  Leak  of  Anson,  Leak  of  Ricnmond, 
Long,  Mann,  Manning,  McDowell  of  Madison,  McNeill  of 
Harnett,  Mebane,  Merritt,  Mitchell,  Myers,  Osborne,  Patter- 
son, Penland,  Pettigrew,  Phifer,  Ra3mer,  Rhodes,  Ruffin,  San- 
ders, Satterthwaite,  Shipp,  Smith  of  Halifax,  Smith  of  John- 
ston, Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Bertie, 
Spruill  of  Tyrrell,  Stewart,  Strong,  Thomas  of  Carteret, 
Thomas  of  Jackson,  Turner,  Walton,  Warren,  Washington, 
Whitford  and  Wilson— 76. 

Noes — Messrs.  Arrington,  Ashe,  Biggs,  Bunting,  Calloway, 
Carson,  Councill,  Craige,  Dillard,  Durham,  Edwards,  Foster  of 
Ashe,  Foy,  Green,  Greenlee,  Hamlin,  Hargrove,  Henkel, 
Holmes,  Houston  of  Duplin,  Johnston  of  Gaston,  McDowell  of 
Bladen,  McDowell  of  Burke,  McNeill  of  Cumberland,  Meares, 
Miller,  Moody,  Moseley,  Reid,  Royster,  Shaw,  Sutherland, 
Thompson,  Tliornton,  Tracy,  Venable,  Ward,  Williams,  AYins- 
low,  Woodfin  and  Wooten — 41. 

The  question  then  recurring  upon  the  ordinance  as  amended, 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Spruill,  of 
Bertie,  and  resulted  as  follows,  being  unanimously  in  the  affir- 
mative : 

Ayes — Messrs.  Allison,  Arrington,  Armfield,  Ashe,  Badger, 
Barnes,  Batchelor,  Battle  of  Edgecombe,  Battle  of  Wake, 
Berry,  Biggs,  Bond,  Brodnax,  Brown,  Bunting,  Calloway,  Can- 
non, Carson,  Christian,  Councill,  Craige,  Cunningham,  Darden, 
Davidson,  Dick,  Dillard,  Douthitt,  Durham,  Edwards,  Eller, 
Ellison,  Ferebee,  Foster  of  Ashe,  Foy,  Fuller,  Gilmer,  Gorrell, 
Graham,  Green,  Greenlee,  Grimes,  Hiimlin,  Hargrove,  Hearne, 


1861.]  STATE    CONVENTION.  73 

Ileaden,  Henkel,  Hicks,  Ilolden,  Holmes,  Houston  of  Duplin, 
Houston  of  Union,  Howard,  Johnston  of  Gaston,  Johnston  of 
Mecklenburg,  Jones  of  Caldwell,  Jones  of  Rowan,  Kittrell, 
Lander,  Leak  of  Anson,  Leak  of  Richmond,  Long,  Mann, 
Manning,  McDowell  of  Bladen,  McDowell  of  Burke,  McDowell 
of  Madison,  McNeill  of  Cumberland,  McNeill  of  Harnett, 
Meares,  Mebane,  Merritt,  Miller,  Mitchell,  Moody,  Moseley, 
Myers,  Osborne,  Patterson,  Pcnland,  Pcttigrew,  Phifer,  Rayner, 
Heid,  Rhodes,  Royster,  Ruffin,  Sanders,  Satterthwaite,  Shaw, 
Shipp,  Smith  of  Halifax,  Smith  of  Johnston,  Smith  of  Macon, 
Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyi-rell,  Stewart, 
Strong,  Sutherland,  Thomas  of  Carteret,  Thomas  of  Jackson, 
Thompson,  Thornton,  Tracy,  Turner,  Venable,  Walton,  Ward, 
Warren,  Washington,  Whitford,  Williams,  Wilson,  AVinslow, 
Woodfin  and  Wooten — 117. 

Then,  by  universal  consent,  the  ordinance  was  put  on  its  third 
reading,  passed,  and  was  ordered  to  be  enrolled. 

And  then,  on  motion  of  Mr.  Badger,  the  Convention  adjourned. 


IN  CONVENTION,  Friday,  June  7,  18G1. 

The  President  took  the  chair  and  called  the  Convention  to 
order. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Ileaden  offered  the  following,  which  lies  over  one  day  : 

Resolved,  That  a  committee  be  appointed  to  inquire  if  any, 
and  if  any,  what  amendments  are  proposed  to  be  made  to  the 
Constitution  of  the  State,  in  relation  to  the  property  qualifica- 
tions for  office,  and  that  they  report  by  ordmance  or  otherwise. 

Mr.  Graham  offered  the  following,  which  lies  over  one  day 
under  the  rule  : 

Resolved,  That  the  Comptroller  of  public  accounts  be  directed 
to  lay  before  this  Convention  a  tabular  statement,  exhibiting 
the  public  taxes  paid  into  the  Treasury  from  each  county  for 
the  five  years  preceding  the  first  day  of  November,  1860,  dis- 
tinguishing the  several  subjects  from  which  such  taxes  were 
10 


74  JOURNAL   OF   THE  [Jttnr  T, 

derived,  and  the  amount  received  from  each  subject  respectively 
in  each  year. 

Mr.  Thomas,  of  Jackson,  offered  the  following,  which  lies 
over  one  day  under  the  rule  : 

Resolved,  That  the  committee  on  Military  Affairs  be  instructed 
to  inquire  into  the  expediency  of  sanctioning,  by  the  passing 
of  an  ordinance  or  resolution,  the  appointment  of  additional 
clerks  to  aid  in  the  execution  of  the  laws  of  the  Military  Board, 
Adjutant  and  Assistant  Adjutant  General,  Quartermaster  and 
Assistant  Quartermaster  General,  and  that  they  report  a  reso- 
lution or  ordinance  to  effect  the  object,  if  by  them  deemed  advi- 
sable, to  promote  the  public  interest. 

Mr.  Houston,  of  Duplin,  offered  the  following,  which  was 
agreed  to : 

Resolved,  That  the  committee  on  Finance  be  instructed  to 
Inquire  whether  the  act  of  the  last  General  Assembly,  author- 
izing and  providing  for  the  issue  of  Treasury  notes,  ought  not 
to  be,  in  some  respects,  modified  or  altered  by  this  Convention, 
and  that  they  report  what  alterations  are  necessary  at  as  early 
a  day  as  practicable. 

Mr.  Ashe  presented  the  following : 

Whereas,  This  Convention  did,  on  the  sixth  day  of  June, 
1861,  ratify  and  adopt  the  Constitution  of  the  Confederate 
States  of  America,  adopted  by  the  delegates  of  the  States  of 
South  Carolina,  Georgia,  Florida,  Alabama,  Mississippi,  Louis- 
iana and  Texas,  in  Convention  assembled,  at  Montgomery,  in 
the  State  of  Alabama,  on  the  eleventh  day  of  March,  1861, 
and  subsequently  ratified  by  said  States ;  and  to  avoid  all  mis- 
apprehensions as  to  our  opinion  in  regard  to  the  form  of  govern- 
ment thus  inaugurated,  and  believing  that  this  declaration  is 
consistent  with  said  Constitution,  this  Convention  doth  now 
declare,  that  as  the  powers  conferred  through  said  Constitution 
on  the  Confederate  Government  emanated  from  the  people  of 
the  several  States,  in  their  separate  sovereign  capacity,  said 
powers  may  be  resumed  in  the  same  manner  in  which  they  were 
delegated,  whenever  they  shall  be  perverted  to  the  injury  of  the 
people,  each  State,  by  her  delegates  in  Convention,  having  the 
right  to  judge  of  the  occasion  that  may  require  sucli  action. 


1861.]  STATE   CONVENTION.  75 

Mr.  Ashe  moved  that  the  rules  be  suspended  in  order  that 
the  Convention  may  now  consider  the  resolution,  and  on  this 
motion  the  ayes  and  noes  were  ordered,  and  resulted  as  follows : 
Ayes  49,  noes  53. 

Ayes — Messrs.  Arrington,  Ashe,  Batchelor,  Battle  of  Edge- 
combe, Biggs,  Carson,  Craige,  Cunningham,  Darden,  Dillard, 
Durham,  Edwards,  Foy,  Fuller,  Green,  GrimeS;  Hargrove, 
Hicks,  Holmes,  Houston  of  Duplin,  Johnston  of  Gaston,  Lan- 
der, Leak  of  Richmond,  McDowell  of  Bladen,  McDowell  of 
Burke,  McDowell  of  Madison,  McNeill  of  Cumberland,  McNeill 
of  Harnett,  Miller,  Moody,  Moseley,  Penland,  Phifer,  Reid, 
Rhodes,  Royster,  Rujffiii,  Shaw,  Stewart,  Strong,  Sutherland, 
Thompson,  Thornton,  Tracy,  Turner,  Ward,  Williams,  Woodfin 
and  Wootcn — 49. 

Noes — Messrs.  Allison,  Armfield,  Badger,  Barnes,  Battle  of 
Wake,  Berry,  Bond,  Brodnax,  Calloway,  Cannon,  Christian, 
Councill,  Davidson,  Dick,  Douthitt,  Eller,  Ellison,  Foster  of 
Ashe,  Gilmer,  Gorrell,  Graham,  Greenlee,  Hamlin,  Headen, 
Hcarne,  Holden,  Houston  of  Union,  Johnston  of  Mecklenburg, 
Jones  of  Rowan,  Leak  of  Anson,  Long,  Mann,  Manning,  Mer- 
ritt,  Myers,  Patterson,  Rayner,  Sanders,  Satterthwaite,  Smith 
of  Halifax,  Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse, 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Thomas  of  Carteret, 
Walton,  Warren,  Washington,  Whitford  and  Wilson — 53. 

Two-thirds  not  voting  therefor,  the  rule  was  not  suspended. 

On  motion,  the  resolutions  introduced  yesterday  by  Messrs. 
Smith  of  Macon, '  Wilson,  Hamlin,  Smith  of  Johnston  and 
Armfield,  were  severally  referred  to  appropriate  committees. 

On  motion  of  Mr.  Gorrell,  four  thousand  copies  of  the  Rules 
of  War  for  the  army  of  the  Confederate  States  were  ordered 
to  be  printed  for  the  use  of  the  volunteer  force  of  this  State. 

On  motion  of  Mr.  Green,  the  resolution  relating  to  the 
appointment  of  delegates  to  the  Confederate  Congress,  was 
then  taken  up. 

Mr.  Spruill,  of  Bertie,  offered  the  following  amendment 
thereto,  "  that  eight  delegates  be  elected  by  the  people,  one 
from  each  Congressional  District,  and  two  for  the  State  at  large, 
to  be  elected  by  this  Convention." 


T6  JOURNAL   OF   THE  [June  T, 

Pending  the  consideration  of  Avhich,  on  motion,  the  whole 
subject  was  referred  to  a  select  committee,  consisting  of  Messrs. 
Green,  Spruill  of  Bertie  and  Barnes. 

The  ordinance  in  relation  to  a  Board  of  Claims  was  then 
up,  when  Mr.  Spruill,  of  Bertie,  moved  to  recommit,  with 
instructions  "  to  report  an  amendment  striking  out  the  names 
of  the  members  of  the  board,  and  referring  their  selection  to 
a  vote  of  this  Convention,"  which  was  agreed  to. 

Mr.  Thomas,  of  Jackson,  offered  the  following,  which  was 
agreed  to : 

Resolved,  That  a  committee  of  seven  be  appointed  to  inquire 
into  the  expediency  of  amending  the  41st  section  of  the  Con- 
stitution in  relation  to  Common  Schools. 

On  motion  of  Mr.  Smith,  of  Halifax,  the  ordinance  in  rela- 
tion to  the  defence  of  the  seaboard  counties  was  then  taken  up 
on  its  third  reading,  whereupon  the  Convention  proceeded  to 
sit  with  closed  doors,  and  so  continued  until  the  hour  of  recess. 


4  O'clock,  P.  M. 

The  Convention  re-assembled  with  closed  doors,  the  same 
being  its  condition  at  the  hour  of  recess,  and  so  remained  until 
a  late  period  of  the  session,  when  the  doors  were  opened. 

Mr.  Thomas,  of  Jackson,  moved  that  the  Convention  adjourn. 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Barnes,  and  resulted  as  follows :  Ayes  34,  noes  69. 

Ayes — Messrs.  Allison,  Batchelor,  Battle  of  Edgecombe, 
Bunting,  Darden,  Dillard,  Edwards,  Eller,  Gorrell,  Grimes, 
Holmes,  Houston  of  Duplin,  Howard,  Johnston  of  Gaston,  Jones 
of  Rowan,  Lander,  McDowell  of  Madison,  McNeill  of  Cum- 
berland, McNeill  of  Harnett,  Merritt,  ]\Iitchell,  Osborne,  Pat- 
terson, Penland,  Ruffin,  Shaw,  Sutherland,  Thomas  of  Jackson, 
Thompson,  Tracy,  Turner,  Williams,  Woodfin  and  Wooten — 34. 

Noes — Messrs.  Armfield,  Arrington,  Badger,  Barnes,  Battle 
of  Wake,  Berry,  Biggs,  Bond,  Brodnax,  Brown,  Calloway, 
Cannon,  Carson,  Christian,  Councill,  Cunningham,  Davidson, 


1861.]  STATE   CONVENTION.  7T 

Dick,  Douthitt,  Durham.  Ellison,  Ferebcc,  Foster  of  Ashe, 
Foster  of  Randolph,  Foy,  Fuller,  Graham,  Green,  Greenlee, 
Hamlin,  Hargrove,  Headen,  Hearne,  Hicks,  Holden,  Houston 
Union,  Jones  of  Caldwell,  Kittrell,  Long,  Manning,  McDowell 
of  Burke,  Mebanc,  Miller,  Moody,  Moseley,  Pettigrew,  Pliifer, 
Rayner,  Reid,  Royster,  Sanders,  Satterthwaite,  Smith  of  Hali- 
fax, Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouso, 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Stewart,  Strong,  Thomas 
of  Carteret,  Thornton,  Venable.  Walton,  Ward,  Washington, 
Whitford  and  Wilson— 69. 

So  the  Convention  refused  to  adjoui'n. 

The  ordinance  for  the  defense  of  the  seaboard  counties  of 
the  State,  having  been  further  considered, 

Mr.  Howard  moved  that  the  Convention  adjourn,  which  w;in 
not  agreed  to,  upon  a  call  of  the  ayes  and  noes,  ordered  on 
motion  of  Mr.  Foy,  as  follows : 

Ayes — Messrs.  Allison,  Battle'  of  Edgecombe,  Bunting,  Car- 
son, Darden,  Edwards,  Fuller,  Holmes,  Houston  of  Dupliu, 
Howard,  Johnston  of  Gaston,  Johnston  of  Mecklenburg,  Jones 
of  Rowan,  Kittrell,  Lander,  Manning,  McDowell  of  Madison. 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Merritt,  Osborne, 
Patterson,  Penland,  Phifer,  Rayner,  Reid,  Rhodes,  Ruffin,  Sat- 
terthwaite, Shaw,  Stewart,  Strong,  Sutherland,  Thomas  of 
Jackson,  Thompson,  Thornton,  Tracy,  Turner,  Walton,  Wil- 
liams, Woodfin  and  Wooten — 42. 

Noes — Messrs.  Armfield,  Arrington,  Badger,  Barnes,  Batcli- 
elor.  Battle  of  Wake,  Berry,  Biggs,  Bond,  Brown,  Cal- 
loway, Cannon,  Councill,  Cunningham,  Davidson,  Dick,  Dil- 
lard,  Douthitt,  Durham,  Ellison,  Ferebee,  Foster  of  Ashe, 
Foster  of  Randolph,  Foy,  Gorrell,  Graham,  Greenlee,  Grimes, 
Hargrove,  Headen,  Hearne,  Hicks,  Holden,  Jones  of  Caldwell, 
Long,  McDowell  of  Burke,  Meares,  Miller,  Moody,  Moseley, 
Pettigrew,  Royster,  Sanders,  Smith  of  Halifax,  Smith  of  John- 
ston, Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Bertie, 
Spruill  of  Tyrrell,  Thomas  of  Carteret,  Venable,  Ward,  Wash- 
ington, Whitford  and  Wilson — 56. 


78  JOURNAL   OF  THE  [June  7, 

Mr.  Thomas,  of  Carteret,  then  moved  the  following  amendment 
to  the  ordinance  under  consideration — strike  out  all  after  the 
ordaining  clause  ^ind  insert  as  follows :  "  That  the  Governor  be 
instructed  to  have  detailed  one  regiment  of  cavalry,  one  regi- 
ment of  artillery,  and  four  regiments  of  infantry,  either  volun- 
teers or  State  troops,  of  those  already  raised  or  to  be  raised, 
for  the  defense  of  the  seacoast  of  the  State,"  which  was  not 
agreed  to. 

Mr.  Houston,  of  Duplin,  moved  that  the  whole  subject  be 
laid  on  the  table,  on  which  the  ayes  and  noes  were  ordered,  on 
motion  of  Mr.  Speed,  and  resulted  as  follows  : 

Ayes — Messrs.  Biggs,  Bunting,  Carson,  Cunningham,  Dar- 
den,  Durham,  Edwards,  Hargrove,  Houston  of  Duplin,  John- 
ston of  Gaston,  Jones  of  Rowan,  Lander,  McDowell  of  Burke, 
McDowell  of  Madison,  McNeill  of  Cumberland,  Moseley,  Os- 
borne, Penland,  Reid,  Rhodes,  Royster,  Shaw,  Stewart,  Strong, 
Sutherland,  Thomas  of  Jackson,  Thompson,  Thornton,  Tracy, 
Williams,  Woodfin  and  Wooten — 33. 

Noes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes, 
Batchelor,  Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Bond, 
Brown,  Calloway,  Cannon,  Christian,  Councill,  Davidson,  Dick, 
Dillard,  Douthitt,  Eller,  Ellison,  Ferebee,  Foster  of  Ashe, 
Foster  of  Randolph,  Foy,  Gorrell,  Graham,  Greenlee,  Headen, 
Hearne,  Hicks,  Holden,  Holmes,  Houston  of  Union,  Howard, 
Long,  Manning,  McNeill  of  Harnett,  Meares,  Merritt,  Miller, 
Moody,  Pettigrew.  Phifer,  Ruffin,  Sanders,  Satterthwaite,  Smitli 
of  Halifax,  Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse, 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Thomas  of  Carteret, 
Turner,  Venable,  Walton,  Ward,  Washington,  Whitford  and 
Wilson — 61. 

So  the  motion  did  not  prevail, 

Mr.  Batchelor  moved  that  the  subject  be  postponed  till  Tues- 
day next,  and  be  made  the  special  order  for  twelve  o'clock  on 
that  day. 

On  this  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Badger,  and  resulted  in  the  negative,  as  follows  : 


1861.]  ^TATE   CONVENTION.  Tit 

Ayes — Messrs.  Ashe,  Batchelor,  Battle  of  Edgecombe,  Biggs, 
Bunting,  Carson,  Cunningham,  Darden,  Dillard,  Durliam,  Ed- 
wards, Hargrove,  Holmes,  Howard,  Johnston  of  Gaston,  Jones 
of  Rowan,  Lander,  McDowell  of  Burke,  McDowell  of  Madison, 
McNeill  of  Harnett,  Moody,  Myers,  Osborne,  Penland,  Phifer. 
Reid,  Rhodes,  Royster,  Ruffin,  Shaw,  Strong,  Thomas  of 
Jackson,  Thornton,  Tracy,  Turner,  Vcnable  and  Woodfin — 87. 

Noes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes, 
B.attle  of  Wake,  Berry,  Bond,  Brown,  Calloway,  Cannon,  Chris- 
tian, Councill,  Davidson,  Dick,  Douthitt,  EUer,  Ellison,  Fere- 
bc5,  Foster  of  Ashe,  Foster  of  Randolph,  Foy,  Fuller,  Gorrell, 
Graham,  Gteen,  Greenlee,  Hamlin,  Headen,  Holden,  Long, 
Mann,  Manning,  Meares,  Merritt,  Miller,  Moseley,  Pettigrew, 
Rayner,  Sanders,  Satterthwaite,  Smith  of  Halifax,  Smitli  of 
Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Bertie. 
Spruill  of  Tyrrell,  Stewart,  Sutherland,  Thomas  of  Carteret. 
Walton,  Ward,  AVarren,  Washington,  Whitford,  Williams  and 
Wilson— 58.  , 

Mr.  Shaw  moved  that  the  Convention  do  now  adjourn,  and 
on  this  motion,  the  ayes  and  noes  were  ordered,  on  motion  oi 
Mr,  Badger,  and  resulted  as  follows : 

Ayes — Messrs.  Ashe,  Batchelor,  Battle  of  Edgecolnbe,  Biggs, 
Bunting,  Carson,  Darden,  Durham,  Edwards,  Gorrell,  Greenlee, 
Holmes,  Houston  of  Duplin,  Howard,  Johnston  of  Gaston, 
Jones  of  Rowan,  Lander,  Long,  McDowell  of  Burke,  McDowell 
of  Madison,  Miller,  Osborne,  Penland,  Reid,  Rhodes,  Ruffin, 
Shaw,  Stewart,  Strong,  Thomas  of  Jackson,  Thornton,  Tracy, 
Turner,  Venable,  Williams  and  Woodfin — 36. 

Noes — Messrs.  A}.lison,  Armfield,  Arrington,  Badger,  Barnes, 
Battle  of  Wake,  Berry,  Bond,  Brown,  Calloway,  Cannon, 
Christian,  Councill,  Cunningham,  Davidson,  Dick,  Dillard, 
Douthitt,  Eller,  Ellison,  Ferebee,  Foster  of  Ashe,  Foster  of 
Randolph,  Foy,  Fuller,  Graham,  Green,  Grimes,  Hamlin,  Har- 
grove, Headen,  Holden,  Mann,  Manning,  McNeill  of  Harnett. 
Meares,  Merritt,  Moseley,  Myers,  Pettigrew,  Royster,  Sanders, 
Satterthwaite,  Smith  of  Halifax,  Smith  of  Johnston,  Smith  of 
Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrrell, 


80  JOURNAL   OF   THE  [June  7, 

Sutherland,  Thomas  of  Carteret,  Walton,  Ward,  Warren,  Wash- 
ington, Whitford  and  Wilson — 57. 

So  the  Convention  refused  to  adjourn. 

Mr.  Thomas,  of  Jackson,  moved  to  amend  the  ordinance 
under  consideration,  by  an  additional  section,  as  folloAvs : 

Be  it  further  ordained^  That  the  Governor  be,  and  he  is 
hereby  authorized  to  raise  from  the  counties  west  of  the  Blue 
Ridge,  three  regiments  of  volunteers  to  aid  in  defending  the 
passes  in  the  Iron  or  Smoky  Mountain,  for  the  purpose  of 
preventing  -western  North  Carolina  from  falling  into  the  hands 
of  the  enemy, 

And  it  was  not  agreed  to. 

Mr.  Howard  moved  the  following  as  a  substitute  for  the 
ordinance : 

Be  it  ordained^  That  the  Governor  be,  and  he  is  hereby 
authorized  and  requested  to  issue  his  proclamation,  calling  for 
four  regiments — one  of  cavalry  and  three  of  infantry — from 
the  counties  of  Northampton  and  Brunswick,  and  the  counties 
lying  on  and  east  of  the  Wilmington  and  Weldon  Railroad,  to 
be  detailed  specially  for  coast  defense ;  the  said  volunteers 
to  be  a  part  of  the  volunteers  called  for  by  the  Act  of  the 
General  Assembly,  entitled  "An  Act  to  provide  for  the  public 
defense,"  and  to  be  subject  to  all  the  provisions  of  said  Act. 

On  this  amendment  the  ayes  and  noes  were  orderered,  on 
motion  of  Mr.  Thomas,  of  Jackson,  and  resulted  in  the  nega- 
tive, as  follows  : 

Ayes — Messrs.  Ashe,  Biggs,  Brown,  Bunting,  Carson,  Cun- 
ningham, Darden,  Dillard,  Durham,  Edwards,  Fuller,  Hargrove, 
Holmes,  Howard,  Johnston  of  Gaston,  Jones  of  Rowan,  Lan- 
der, McDowell  of  Burke,  McDowell  of  Madison,  Miller, 
Moseley,  Myers,  Osborne,  Penland,  Phifer,  Reid,  Rhodes, 
Royster,  Shaw,  Stewart,  Strong,  Sutherland,  Thomas  of  Jack- 
son, Thornton,  Tracy,  Turner,  Venable,  Ward  andWoodfin — 38. 

Noes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes, 
Batchelor,  Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Bond, 
Calloway,  Cannon,  Christian,  Councill,  Davidson,  Dick,  Dou- 
thitt,  Ellison,  Ferebee,  Foster  of  Ashe,  Foy,  Gorrell,  Graham, 


1861.]  STATE   CONVENTION.  8t 

Green,  Greenlee,  Hamlin,  Headen,  Hicks,  Holden,  Houston  of 
Union,  Long,  Mann,  Manning,  McNeill  of  Harnett,  Meares, 
Merritt,  Pettigrew,  Ruffin,  Sanders,  Satterthwaite,  Smith  of 
Halifax,  Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse, 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Walton,  Warren,  Wash- 
ington, Whitford,  Williams  and  Wilson — 54. 

So  the  substitute  was  not  agreed  to. 

The  question  recurring  upon  the  passage  of  the  ordinance 
upon  its  third  reading, 

Mr.  Pettigrew  moved  to  amend  by  striking  out  the  following 
words :  "  Provided  the  same  can  be  raised  from  that  portion  of 
the  State,  and  if  not,  then  from  any  other  portion  of  the  State," 
which  was  agreed  to.  i 

Mr.  Ruffin  moved  to  amend  by  striking  out  the  words,  "one 
regiment  of  artillery,"  which  was  agreed  to  ;  and  on  his  motion, 
the  number  of  infantry  was  increased  to  four  regiments  instead 
of  three. 

Mr.  Barnes  offered  the  following  amendment,  which  waa 
agreed  to:  "Provided  the  Governor  be  permitted  to  retain  the 
volunteers  now  stationed  at  the  various  points,  or  ordered  there, 
as  a  portion  of  the  proposed  regiments." 

The  question  again  recurring  upon  the  passage  of  the  ordi- 
nance on  its  third  reading,  the  ayes  and  noes  were  ordered,  on 
motion  of  Mr.  Thomas,  of  Jackson,  and  resulted  as  follows: 

Ayes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes, 
Battle  of  Wake,  Berry,  Bond,  Brown,  Calloway,  Cannon,  Chris- 
tian, Councill,  Davidson,  Dick,  Dillard,  Douthitt,  Eller,  Ellison, 
Ferebee,  Foster  of  Ashe,  Foster  of  Randolph,  Foy,  Fuller, 
Gorrell,  Graham,  Green,  Grimes,  Hamlin,  Headen,  Hicks, 
Holden,  Holmes,  Jones  of  Caldwell,  Long,  Mann,  Manning, 
McNeill  of  Harnett,  Merritt,  Myers,  Pettigrew,  Sanders,  Sat- 
terthwaite, Smith  of  Halifax,  Smith  of  Johnston,  Smith  of 
Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrrell, 
Thomas  of  Carteret,  Venable,  Walton,  Ward,  Warren,  Wash- 
ington, Whitford  and  Wilson — 58. 

Noes — Messrs.  Batchelor,  Battle  of  Edgecombe,  Biggs,  Bun- 
ting, Carson,  Cunningham,  Darden,  Durliam,  Edwards,  Green- 

n 


82  JOURNAL  OF  THE  [June  8, 

lee,  Hargrove,  Hearne,  Houston  of  Union,  Howard,  Johnston 
of  Gaston,  Lander,  McDowell  of  Burke,  McDowell  of  Madison, 
Miller,  Moseley,  Osborne,  Penland,  Rayne^-,  Reid,  Rhodes, 
Royster,  Ruffin,  Shaw,  Stewart,  Strong,  Sutherland,  Thomas  of 
Jackson,  Thornton,  Tracy,  Turner,  AVilliaras  and  Woodfin — oG. 

So  the  ordinance  passed  its  third  reading,  and  was  ordered  to 
be  enrolled. 

On  motion  of  Mr.  Badger,  the  Convention  adjourned.  , 


IN  CONVENTION,  Saturday,  June  8,  1861. 
The  President  took  the  chair  and  called  the   Convention  to 
order.     Prayer  by  Rev.  H.  H.  Durant,  of  the  M.  E.  Church, 
South,  and  chaplain  of  the  5th  regiment  S.  C.  V. 
The  journal  of  yesterday  was  read  and  approved. 
The  President  announced  the  following  committees ; 
On  Soldiers'  Suffrage :  Messrs.  Smith  of  Johnston,  Holmes, 
Jones  of  Rowan,  Cunningham  and  Arrington. 

On  Zlst  Section  of  the  Constitution :  Messrs.  Armfield,  Leak 
of  Richmond,  Thomas  of  Jackson,  Brown  and  Stewart. 

Messrs.  Houston,  of  Duplin,  and  Thompson,  asked  and  obtained 
leave  to  have  it  stated  on  the  journal  that  if  present  yesterday 
on  the  passage  of  the  ordinance  relating  to  seaboard  defenses, 
they  AYould  have  voted  in  the  negative.      ^ 

On  motion  of  Mr.  Myers,  leave  of  absence  was  granted  to 
Mr.  Leak,  of  Anson,  for  three  days. 

Mr.  Batchelor  obtained  leave  of  absence  for  tAvo  days. 
Mr.  Moody  obtained  leave  to  have  it  recorded  that  he  would 
have  voted  "aye"  on  the  passage  of  the  ordinance  relating  to 
the  coast  defenses. 

Mr.  Ferebee  offered  a  resolution  in  the  nature  of  an  ordinance 
to  establish  a  Court  of  Claims,  which  lies  over  one  day  for  con- 
sideration. 

Mr.  Washington  offered  the  following,  which  lies  over  one 
day :  % 


1861.]  STATE  CONVENTION.  83 

Resolvedy  That  the  Assistant  Adjutant  General  report  to  this 
Convention,  on  Wednesday  next,  the  number  of  companies,  each, 
volunteer  and  State  troops,  that  have  been  tendered  and  received, 
with  the  names  of  the  officers ;  also  the  number  in  each  com- 
pany, and  where  stationed,  up  to  the  7th  inst. ;  also  the  number 
of  companies  of  each  kind  that  have  been  tendered  and  that 
were  not  full  up  to  the  same  time,  and  from  what  counties. 

Resolved^  That  he  report,  at  the  same  time,  what  has  been 
done  and  what  progress  made  in  organizing  the  militia  of  this 
State. 

On  motion  of  Mr.  Biggs,  it  was  agreed,  by  unanimous  con- 
sent, that,  after  the  hour  of  recess  to-day,  the  Convention  will 
not  meet  again  until  Monday. 

Mr.  Thomas,  of  Jackson,  ofiered  the  following,  which  lies 
over  one  day  under  the  rule : 

Resolved^  That  the  committee  on  taxation  and  revenue  inquire 
into  the  expediency  of  changing  the  basis  of  representation,  so  as 
to  make  it  conform  to  any  change  that  may  be  made  in  the 
mode  of  taxation. 

Mr.  Spruill,  of  Bertie,  from  the  committee  on  the  resolution 
relating  to  the  election  of  delegates  to  the  Confederate  Con- 
gress, made  a  report,  which,  the  rules  having  been  suspended, 
the  Convention  proceeded  to  consider.  The  following  is  the 
resolution  reported  by  the  committee : 

Resolved,  That  the  Convention  will,  on  Wednesday  next,  at 
12  o'oclock,  proceed  to  elect,  viva  voce,  two  deputies  to  repre- 
rent  the  State  at  large  in  the  Congress  of  the  Confederate  States 
of  America,  and  will  provide  by  ordinance,  for  the  election,  by 
the  people,  of  eight  other  deputies,  one  from  each  of  the 
Congressional  districts  as  they  now  exist  by  law. 

Mr.  Osborne  moved  to  amend  as  follows :  Strike  out  all  after 
the  word  "and,"  in  the  fourth  line,  and  insert,  "that  the 
Convention  elect  eight  other  deputies  to  the  Confederate  Con- 
gress, one  from  each  of  the  Congressional  districts  of  the  State, 
as  those  districts  are  now  arranged  by  law,  and  the  election  of 
the  eight  deputies  for  the  Congressional  districts,  to  be  by 
separate  viva  voce  vote." 


84  JOURNAL  OF  THE  [June  8, 

Mr.  Speed  moved  the  following,  which  was  not  agreed  to : 
Provided  that  this  Convention  will  not  elect  any  member  of  this 
Convention  to  represent  the  State  of  North  Carolina  in  the 
Provisional  Congress  of  the  Confederate  States. 

Mr.  Wilson  moved  to  amend  by  striking  out  all  of  said  reso- 
lution which  provides  for  representatives  from  the  State  at  large, 
which  was  not  agreed  to.  < 

Mr.  Biggs  offered  the  following  amendment :  Strike  out  all 
after  the  word  "resolved,"  and  insert  as  follows:  "That  this 
Convention  will  proceed,  on  "Wednesday  next,  at  12  o'clock,  M., 
to  the  election  of  five  Commiesioners  to  represent  this  State  in 
the  Congress  of  the  Confederate  States  of  America,"  which 
was  not  agreed  to. 

The  question  recurring  on  the  amendment  of  Mr.  Osborne, 
the  ayes  and  noes  were  ordered  thereon,  on  motion  of  Mr. 
Spruill,  of  Bertie,  and  resulted  in  the  afiirmative,  as  follows : 

Ayes — Messrs.  Arrington,  Ashe,  Badger,  Barnes,  Batchelor, 
Battle  of  Edgecombe,  Biggs,  Brown,  Bunting,  Carson,  Councill, 
Darden,  Durham,  Fuller,  Gorrell,  Greenlee,  Grimes,  Hamlin, 
Hearne,  Hicks,  Holmes,  Houston  of  Duplin,  Houston  of  Union, 
Johnston  of  Gaston,  Johnston  of  Mecklenburg,  Jones  of  Cald- 
well, Jones  of  Rowan,  Lander,  Leak  of  Richmond,  McDowell 
of  Burke,  McDowell  of  Madison,  McNeill  of  Cumberland,  Mc- 
Neill of  Harnett,  Meares,  Mebane,  Miller,  Moody,  Moseley, 
Osborne,  Patterson,  Penland,  Phifer,  Rayner,  Reid,  Rhodes, 
Ruffin,  Satterthwaite,  Smith  of  Halifax,  Stewart,  Sutherland, 
Tracy,  Turner,  Venable,  Ward,  Washington,  Williams,  Woodfin 
and  Wooten — 59. 

Noes — Messrs.  Allison,  Armfield,  Battle  of  Wake,  Berry, 
Bond,  Brodnax,  Calloway,  Cannon,  Davidson,  Dick,  Dillard, 
Douthitt,  Eller,  Ellison,  Ferebee,  Foster  of  Ashe,  Foster  of 
Randolph,  Graham,  Hargrove,  Headen,  Holden,  Kittrell,  Long, 
Mann,  Manning,  Merritt,  Mitchell,  Pettigrew,  Sanders,  Shaw, 
Shipp,  Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse, 
Spruill  of  Bertie,  Strong,  Thomas  of  Carteret,  Thomas  of  Jack- 
Bon,  Thompson,  Thornton,  Walton,  Warren  and  Wilson — 43. 


1861.]  vSTATE  CONVENTION.  85 

The  resolution,  as  amended,  then  passed  its  second  reading. 

The  rules  being  suspended,  the  resolution  was  put  on  its  third 
reading,  passed  and  ordered  to  be  enrolled. 

Mr.  Rayner,  from  the  Committee  on  Finance,  made  a  report 
on  the  ordinance  recommitted,  with  instructions,  proposing  a 
substitute  therefor,  which,  by  consent,  having  been  read  the 
second  time,  Mr.  Ruffin  moved  to  fill  the  blank  in  the  third 
section  with  the  words,  "fifteenth  day  of  March." 

Mr.  Smith,  of  Halifax,  moved  that  the  ordinance  be  recom- 
mitted. 

Pending  the  consideration  of  which,  the  floor  was  yielded  to 
Mr.  Fuller,  who  moved  to  reconsider  the  vote  of  yesterday,  by 
which  the  Convention  passed  the  ordinance  to  provide  for  the 
seaboard  defense. 

The  motion  of  Mr.  Smith,  of  Halifax,  was  then  further  con- 
sidered, lintil  the  hour  arrived,  and  the  Convention  adjourned 
to  10  o'clock  Monday  morning. 


IN  CONVENTION,  Monday,  June  10,  1861. 

The  President  called  the  Convention  to  order. 

The  journal  of  Saturday  was  read  and  approved. 

James  E.  Williamson,  delegate  elect  from  Caswell  County  to 
fill  the  vacancy  occasioned  by  the  resignation  of  Captain  John 
A.  Graves,  appeared,  produced  his  credentials,  and  took  his 
seat. 

The  President  announced  the  following  committees : 

On  Basis  of  Representation :  Messrs.  Thomas  of  Jackson, 
Brown,  Sanders,  Holmes  and  Carson. 

On  Constitutional  Amendme7its  in  regard  to  Common  Schools : 
Messrs.  Thomas  of  Jackson,  Brodnax,  Battle  of  Wake,  Miller 
and  Bunting. 

Wm.  Johnston,  Esq.,  one  of  the  delegates  from  Mecklenburg, 
tendered  ^his  resignation,  to  take  effect  from  and  after  Friday 
next,  the  urgency  of  his  duties  as  Commissary  General  making 
it  necessary. 


86  JOURNAL  OF  THE  [June  10, 

On  motion  of  Mr.  Osborne,  the  President  was  directed  to 
issue  his  writ  of  election  to  the  Sheriff  to  hold  an  election  to 
j&ll  the  vacancy  thus  created  on  Saturday,  15th  inst. 

Mr.  Reid,  from  tlie  committee  on  the  meeting  of  the  General 
Assembly,  made  a  report,  accompanied  by  an  ordinance,  pro- 
viding for  a  regular  session  of  the  Legislature  on  the  25th 
inst.,  which  lies  over,  under  the  rule,  and  was  ordered  to  be 
printed. 

Mr.  Ferebee  made  a  minority  report  from  the  same  committee. 

On  motion  of  Mr.  Manning,  the  two  reports  were  made  the 
order  of  the  day  for  to-morrow  at  12  o'clock. 

Mr.  Howard,  from  the  Committee  on  Military  Affairs,  reported 
back  to  the  Convention  the  resolution  in  relation  to  six  months 
volunteers,  proposing  certain  amendments  thereto,  and  recom- 
mending its  passage. 

Mr.  Biggs  offered  a  resolution  fixing  the  compensation  of  the 
officers  of  the  Convention,  and  providing  for  the  auditing  the 
expenses  contingent  upon  its  sessions,  which  lies  over  one  day 
for  consideration. 

Mr.  Kittrell  offered  a  resolution  asking  certain  information 
of  the  Governor  in  relation  to  the  reported  landing  of  Lincoln's 
troops  upon  the  coast  of  this  State ;  which,  by  consent,  was 
immediately  considered  and  agreed  to. 

Mr.  Sprouse  offered  a  resolution  proposing  a  committee  to 
inquire  into  the  propriety  of  some  constitutional  amendment  in 
relation  to  free  persons  of  color  ;  which  lies  over  one  day  under 
the  rule. 

Mr.  Smith,  of  Macon,  introduced  an  ordinance  to  authorize 
the  Governor  to  raise  three  regiments  from  counties  west  of  the 
Blue  Ridge,  to  defend  the  passes  of  the  L-on  or  Smoky  Moun- 
tains, which  lies  over  one  day  under  the  rules,  and  was  ordered 
to  be  printed. 

Mr.  Ellison  offered  a  resolution  proposing  to  raise  a  commit- 
tee to  inquire  into  the  propriety  of  substituting  the  words, 
"free  white  persons,"  in  the  place  of  "freemen,"  in  the  bill  of 
rights ;  and  also,  whether  amendments  to  the  Constitution  are 
not  necessary  in  regard  to  free  persons  of  color  ;  which  lies 
over  one  day,  and  was  ordered  to  be  printed. 


1861.]  STATE   CONVENTION.  87 

On  motion  of  Mr.  Biggs,  the  resolution  providing  for  a  recess 
of  the  Convention,  was  then  taken  up  and  made  the  order  of 
the  day  for  to-morrow  at  4  o'clock,  P.  M . 

Mr.  Battle,  of  Wake,  offered  a  resolution  proposing  certain 
amendments  to  the  rules,  which  lies  over  one  day. 

The  ordinance  pending  yesterday  at  the  hour  of  recess,  was 
then  considered,  the  pending  question  being  the  motion  to  re- 
commit ;  when,  by  consent,  Mr.  Myers  offered  an  amendment  to 
the  ordinance,  which,  together  with  the  whole  subject,  was 
re-committed  to  the  committee. 

The  resolution  of  Mr.  Headcn  in  regard  to  the  propert}'' 
qualifications  for  office,  was  then  taken  up  and  agreed  to. 

Mr.  Ferebee's  resolution  in  regard  to  a  Court  of  Claims  was 
then  taken  up,  and,  on  motion  of  Mr.  Badger,  ordered  to  lie  on 
the  table. 

The  resolution  in  regard  to  the  bgisis  of  Representation,  the 
resolution  relating  to  the  payment  of  Sheriffs  for  holding  elec- 
tions for  members  of  the  Convention,  and  the  resolution  asking 
information  of  the  Comptroller  of  Public  Accounts,  were  sever- 
ally taken  up  and  adopted. 

The  resolution  of  Mr.  Thomas,  of  Jackson,  in  regard  to  the 
employment  of  more  Clerical  force  in  certain  Departments,  was 
ordered  to  lie  on  the  table. 

The  President  laid  before  the  Convention  a  communication 
from  the  Governor,  in  response  to  the  resolution  moved  by  Mr. 
Kittrell,  which  was  ordered  to  lie  on  the  table  and  be  printed. 

On  motion  of  Mr.  Jolinston,  of  Mecklenburg,  the  ordinances 
to  amend  the  second  section  of  the  fourth  article  of  the  amend- 
>ments  to  the  Constitution  were  then  taken  up  for  consideration, 
and  after  some  time  spent  thereon, 

Mr.  Fercbee  moved  that  the  further  consideration  of  the 
subject  be  postponed  until  the  next  session,  and  on  this  question 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Meares,  and 
resulted  as  follows  : 

Ayes — Messrs.  Armfield,  Badger,  Battle  of  Wake,  Berry, 
Biggs,  Brodnax,  Calloway,  Cannon,  Councill,  Davidson,  Dillard, 
Douthitt,  Edwards,  Eller,  Ellison,  Ferebee,  Foster  of  Ashe, 


'88  JOURNAL  OF   THE  [June  10, 

Gilmer,  Hamlin,  Headen,  Hicks,  Holden,  Jones  of  Caldwell, 
Mann,  Pettigrew,  Sanders,  Satterthwaite,  Shipp,  Smith  of 
Halifax,  Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse, 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Thomas  of  Carteret, 
Walton  and  Wilson— 38. 

Noes — Messrs.  Allison,  Arrington,  Barnes,  Battle  of  Edge- 
comhe,  Carson,  Cunningham,  Durham,  Foster  of  Randolph, 
Fuller,  Graham,  Greenlee,  Grimes,  Hargrove,  Hearne,  Holmes, 
Houston  of  Duplin,  Howard,  Johnston  of  Gaston,  Johnston  of 
Mecklenburg,  Jones  of  Rowan,  Kittrell,  Lander,  Leak  of  Rich- 
mond, Long,  McDowell  of  Burke,  McDowell  of  Madison, 
McNeill  of  Cumberland,  Meares,  Merritt,  Miller,  Mitchell, 
Moseley,  Myers,  Osborne,  Patterson,  Penland,  Rayner,  Reid, 
Rhodes,  Royster,  Shaw,  Stewart,  Strong,  Sutherland,  Thomas  of 
Jackson,  Thompson,  Thornton,  Tracy,  Turner,  Venable,  Ward, 
Williams,  Williamson,  Winslow,  Woodfin  and  Wooten — 56. 

The  subject  was  then  made  the  special  order  of  the  day  for 
to-morrow  at  eleven  o'clock. 

Mr.  Battle,  of  Wake,  introduced  a  resolution  asking  informa- 
tion of  the  Gorernor  in  regard  to  appointments  to  office,  and 
other  matters  relating  thereto,  which  lies  over  one  day  under 
the  rule. 

The  hour  having  arrived,  the  Convention  took  a  recess  until 
4  o'clock. 


4  O'clock,  P.  M. 

The  Convention  having  re-assembled, 

On  motion  of  Mr.  Rayner,  the  ordinance  heretofore  reported 
by  him  to  amend  the  Constitution,  so  that  not  less  than  one-fiftii 
of  the  members  of  each  House  of  the  General  Assembly  should 
have  the  right  to  demand  the  ayes  and  noes,  was  then  taken  up 
and  passed  its  first  reading. 

The  rules  were  suspended  and  the  ordinance  then  passed  its 
second  reading. 


1861.]  STATE   CONVENTION.  89 

On  motion  of  Mr.  Biggs,  the  resolution  offered  by  him  this 
morning  in  regard  to  the  compensation  of  the  oflScers  of  this  Con- 
vention, was  taken  up,  amended,  and  passed  the  second  reading. 

The  following  committees  were  announced  by  the  President : 

On  the  12th  and  ISth  Sections  of  the  Bill  of  Rights  and 
Free  Persons  of  Color :  Messrs.  Ellison,  Holden,  Dick,  William- 
son and  Batchelor. 

On  Property  Qualification  for  Office  :  Messrs.  Headen,  How- 
ard, Satterthwaite,  Strong  and  Mitchell. 

Then,  on  motion  of  Mr.  Satterthwaite,  the  Convention 
adjourned. 


IN  CONVENTION,  Tuesday,  June  11,  1861. 

The  Convention  was  called  to  order  by  the  President.  Prayer 
by  Rev.  Joel  W.  Tucker,  of  the  M.  E.  Church,  South. 

The  journal  of  yesterday  was  read  and  approved. 

A.  H.  Joyce,  Esq.,  Delegate  elect  from  Stokes  county  to  fill 
the  vacancy  occasioned  by  the  death  of  Hon.  John  Hill,  appeared, 
produced  his  credentials,  and  took  his  seat  in  the  Convention. 

The  President  laid  before  the  Convention  a  letter  from  Col. 
Wharton  J.  Green,  of  Warren  county,  tendering  to  the  State  of 
North  Carolina  a  marble  bust,  by  Powers,  of  the  late  Hon. 
John  C.  Calhoun. 

Whereupon,  on  motion  of  Mr.  Venable,  a  committee,  con- 
sisting of  Messrs.  Venable,  Craige  and  Smith,  of  Halifax,  was 
appointed  to  receive  the  same  and  make  arrangements  for  its 
formal  presentation  to  the  Convention  this  afternoon,  at  4 
o'clock. 

Mr.  Houston,  of  Duplin,  offered  a  resolution  to  allow  certain 
delegates,  elected  to  fill  vacancies,  to  aflSx  their  signatures  to 
the  ordinance  of  secession,  which  lies  over  one  day  under  the 
rule. 

Mr.  Arrington  offered  a  resolution  providing  for  an  increase 
of  the  pay  of  privates  in  the  service  of  the  State,  which  lies 
over  one  day  under  the  rule. 
12 


90  JOURNAL  OF  THE  [June  11, 

Mr.  Graham  introduced  an  ordinance  to  provide  for  the  dis- 
position of  State  troops  and  volunteers,  raised  under  the  Acts 
of  the  General  Assembly,  of  the  8th  and  10th  of  May,  1861, 
which  passed  its  first  reading,  was  ordered  to  be  printed,  and 
made  the  special  order  for  Thursday  next,  at  12  o'clock,  M. 

Mr.  Biggs  offered  the  following,  which  lies  over  one  day  under 
the  rule : 

Resolved,  That  the  Committee  on  Military  Affairs  be  in- 
structed to  inquire  into  the  expediency  of  reducing  the  present 
compensation  allowed  all  officers,  while  engaged  in  the  service 
of  this  State. 

The  resolution  of  Mr.  Sprouse  in  regard  to  free  persons  of 
color  was  then  taken  up,  and,  on  motion  of  Mr.  Badger, 
ordered  to  lie  on  the  table. 

Mr.  RufRn  offered  an  ordinance  to  amend  the  Constitution  of 
the  State  in  regard  to  Bills  of  Credit,  which  lies  over  one  day 
for  consideration. 

On  motion  of  Mr.  Ferebee,  his  resolution  in  regard  to  a 
Court  of  Claims,  Avhich  had  been  laid  on  the  table,  was  then 
taken  up. 

Mr.  Badger  moved  that  it  be  indefinitely  postponed  ;  pend- 
ing the  consideration  of  which,  the  hour  set  apart  for  the  spe- 
cial order  arrived,  and  the  Convention  proceeded  to  the  consid- 
eration of  the  ordinance  relating  to  the  religious  tests  for 
office. 

The  pending  question  being  the  amendment  offered  by  Mr. 
Rayner,  the  same  was  put  to  a  vote  of  the  Convention,  and  not 
agreed  to. 

The  question  then  recurred  on  the  original  ordinance. 

Mr.  Ruffin  moved  to  amend  as  follows  :  Strike  out  all  after 
the  word,  "  God,"  and  insert,  "  or  the  divine  authority  of  both 
the  Old  and  New  Testaments ;  or  who  shall  hold  religious  opin- 
ions incompatible  with  the  freedom  and  safety  of  the  State, 
shall  be  capable  of  holding  any  office  or  place  of  trust  or  profit 
in  the  civil  department  within  this  State." 

Mr.  Biggs  called  for  a  division  of  the  question,  whereupon 
the  President  put  the  question  first  upon  striking  out. 


1861.]  STATE   CONVENTION. 


91 


On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Biggs,  and  resulted  in  the  affirmative,  as  follows : 
^  Ayes— Messrs.  Allison,  Armfield,  Arrington,  Ashe,  Badger, 
Barnes,  BatchelorJ  Battle  of  Wake,  Berry,  Biggs,  Bond,  Brod- 
nax,  Brown,  Bunting,  Calloway,  Carson,  Councill,  Cunningham, 
Darden,  Davidson,  Dick,  Dillard,  Douthitt,  Durham,  Eller' 
Ellison,  Ferebcc,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer' 
Graham,  Graves,  Green,  Greenlee,  Grimes,  Hargrove,  Headen,' 
Hearne,  Henkel,  Ilicks,  "Holden,  Houston  of  Union,  Jones  of 
Caldwell,  Jones  of  Rowan,  Joyce,  Kittrell,  Leak  of  Richmond, 
Long,  Mann,  McDowell  of  Burke,  McNeill  of  Cumberland,' 
Merritt,  Mitchell,  Moody,  Moseley,  Osborne,  Penland,  Petti- 
grew,  Phifer,  Rayner,  Reid,  Rhodes,  Royster,  Ruffin,  Sanders, 
Shaw,  Shipp,  Smith  of  Halifax,  Speed,  Sprouse,  Spruill  of 
Bertie,  Spruill  of  Tyrrell,  Sutherland,  Thomas  of  Jackson, 
Thompson,  Turner,  Venable,  Walton,  Warren,  Washington,' 
Williamson,  Wilson,  Woodfin  and  Wooten— 84. 

Noes— Messrs.  Battle  of  Edgecombe,  Cannon,  Fuller,  Gor- 
rell,  Houston  of  Duplin,  Howard,  Johnston  of  Gaston,  'john- 
ston  of  Mecklenburg,  Lander,  McDowell  of  Madison,  McNeill 
of  Harnett,  Meares,  Miller,  Smith  of  Johnston,  Stewart,  Thorn- 
ton, Tracy,  AVilliams  and  Winslow — 20. 

The  question  then  recurring  on  the  insertion  of  the  words 
proposed  by  Mr.  Ruffin,  the  ayes  and  noes  were  ordered,  on 
motion  of  Mr.  Biggs,  and  resulted  in  the  affirmative,  as  follows; 
Ayes— Messrs.  Allison,  Armfield,  Badger,  Barnes,  Batchelor,' 
Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Bond,  Brodnax' 
Bunting,  Calloway,  Carson,  Councill,  Cunningham,  Darden,' 
Davidson,  Dick,  Dillard,  Douthitt,  Durham,  Edwards,  Eller' 
Ellison,  Foster  of  Ashe,  Foster  of  Randolph,  Fuller,  Gilmer' 
Graham,  Green,  Greenlee,  Grimes,  Headen,  Hearne,'  Henkel,' 
Hicks,  Holden,  Holmes,  Houston  of  Duplin,  Houston  of  Union' 
Howard,  Johnston  of  Gaston,  Johnston  of  Mecklenburg,  Jones 
of  Caldwell,  Jones  of  Rowan,  Joyce,  Kittrell,  Leak  of  Rich- 
mond, Long,  Mann,  McDowell  of  Madison,  McNeill  of  Cum- 
berland, McNeill  of  Harnett,  Merritt,  Miller,  Mitchell,  Moody, 
Moseley,  Osborne,  Phifer,  Reid,  Ruffin,  Sanders,  Shipp,  Smith 


92  JOURNAL   OF  THE  [June  11, 

of  Halifax,  Smith  of  Macon,  Sprouse,  Spruill  of  Bertie,  Suth- 
erland, Thomas  of  Carteret,  Thomas  of  Jackson,  Thompson, 
Thornton,  Tracy,  Turner,  Venable,  Walton,  Warren,  Washing- 
ton, Williamson,  Wilson,  Winslow,  Woodfin  and  Wooten — 84. 
Noes — Messrs.  Arrington,  Ashe,  Biggs,  Brown,  Cannon. 
Ferebee,  Gorrell,  Hargrove,  Lander,  McDowell  of  Burke, 
Meares,  Penland,  Pettigrew,  Rayner,  Rhodes,  Royster,  Shaw, 
Smith  of  Johnston,  Speed,  Spruill  of  Tyrrell,  Stewart  and 
Williams— 22. 

The  question  recurring  upon  the  passage  of  the  ordinance  as 
amended, 

Mr.  Biggs  moved  the  following  amendment :  Strike  out  all 
after  the  ordaining  clause,  and  insert,  "no  religious  test  shall 
ever  be  required  as  a  qualification  to  any  office  or  public  trust 
in  this  State." 

On  this  amendment  the  ayes  and  noes  were  ordered,  on 
motion  of  Mr.  Biggs,  and  resulted  in  the  negative,  as  follows : 
Ayes — Messrs.  Arrington,  Ashe,  Battle  of  Edgecombe, 
Biggs,  BroAvn,  Cannon,  Carson,  Cunningham,  Darden,  Dillard, 
Durham,  Edwards,  Hargrove,  Lander,  McDowell  of  Burke, 
McDowell  of  Madison,  McNeill  of  Harnett,  Penland,  Rayner, 
Reid,  Rhodes,  Royster,  Sanders,  Shaw,  Smith  of  Johnston, 
Speed,  Spruill  of  Tyrrell,  Stewart,  Thomas  of  Carteret,  Thomp- 
son, Walton,  Williams  and  Winslow — 33. 

Noes — Messrs.  Armfield,  Badger,  Barnes,  Batchelor,  Battle 
of  Wake,  Berry,  Bond,  Brodnax,  Bunting,  Calloway,  Councill, 
Davidson,  Dick,  Douthitt,  Eller,  Ellison,  Ferebee,  Foster  of 
Ashe,  Foster  of  Randolph,  Fuller,  Gilmer,  Gorrell,  Graham, 
Green,  Greenlee,  Grimes,  Headen,  Hearne,  Henkel,  Hicks, 
Holmes,  Houston  of  Duplin,  Houston  of  Union,  Howard,  John- 
ston of  Gaston,  Johnston  of  Mecklenburg,  Jones  of  Caldwell, 
Jones  of  Rowan,  Joyce,  Kittrell,  Leak  of  Richmond,  Long,  Mc- 
Neill of  Cumberland,  Meares,  Merritt,  Miller,  Mitchell,  Moody, 
Moseley,  Osborne,  Pettigrew,  Phifer,  Ruffin,  Shipp,  Smith  of 
Halifax,  Smith  of  Macon,  Sprouse,  Spruill  of  Bertie,  Suther- 
land, Thornton,  Tracy,  Turner,  Venable,  Warren,  Washington, 
Williamson,  Wilson,  Woodfin  and  Wooten — 69. 


1861.]  STATE   CONVENTION.  93 

The  question  again  recurring  on  the  passage  of  the  ordinance 
as  amended,  on  the  second  reading,  the  ayes  and  noes  were 
ordered,  on  motion  of  Mr.  Lander,  and  resulted  in  the  affirmative, 
as  follows: 

Ayes — Messrs.  Allison,  Armfield,  Arrington,  Ashe,  Badger, 
Barnes,  Batchclor,  Battle  of  Edgecombe,  Battle  of  Wake, 
Berry,  Biggs,  Bond,  Brodnax,  Brown,  Bunting,  Calloway,  Car- 
son, Councill,  Cunningham,  Darden,  Davidson,  Dick,  Dillard. 
Douthitt,  Durham,  Edwards,  Eller,  Ellison,  Foster  of  Ashe, 
P'oster  of  Randolph,  Fuller,  Gilmer,  Graham,  Green,  Greenlee, 
Grimes,  Hargrove,  Headen,  llearne,  Henkel,  Hicks.  Holmes, 
Houston  of  Duplin,  Houston  of  Union,  Howard,  Johnston  of 
Gaston,  Johnston  of  Mecklenburg,  Jones  of  Caldwell,  Jones 
of  Rowan,  Joyce,  Kittrell,  Lander,  Leak  of  Richmond,  Lono-, 
Mann,  McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of 
Cumberland,  McNeill  of  Harnett,  Meares,  Merritt,  Miller, 
Mitchell,  Moody,  Moseley,  Myers,  Osborne,  Penland,  Phifcr, 
Rayner,  Reid,  Rhodes,  Royster,  Ruffin,  Shaw,  Shipp,  Smith  of 
Halifax,  Smith  of  Macon,  Speed,  Spruill  of  Bertie,  Stewart, 
Sutherland,  Thomas  of  Carteret,  Thompson,  Thornton,  Tracy, 
Turner,  Venable,  Warren,  Washington,  Williams,  Williamson, 
Wilson,  AVinsIow,  Woodfin  and  AVooten — 96, 

Noes — Messrs.  Cannon,  Ferebee,  Gorrell,  Pettigrcw,  San- 
ders, Smith  of  Johnston,  Sprouse,  Spruill  of  Tyrrell  and  Wal- 
ton— 9. 

The  Convention  then  took  a  recess  until  4  o'clock,  P.  M. 


4  O'clock,  P.  M. 

The  Convention  re-assembled  and  proceeded  to  the  consider- 
ation of  the  special  order,  being  the  resolution  of  Mr.  Biggs  in 
relation  to  a  recess  of  the  Convention. 

Mr.  Biggs  moved  to  fill  the  blank  in  the  resolution  with 
*' Tuesday  next  at  6,  A.  M." 

Mr.  Arrington  moved  to  amend  the  amendment  by  striking 
out  "Tuesday  next,"  and  inserting,  "Wednesday,  the  25th 
instant." 


94  JOURNAL  OF  THE  [June  11, 

Mr.  Barnes  moved  to  postpone  the  further  consideration  of 
the  subject  until  to-morrow  at  4  o'clock,  P.  M, 

Mr.  Pettigrew  moved  that  it  lie  on  the  table,  which  motion 
did  not  prevail. 

Mr.  Meares' moved  a  call  of  the  House,  which  was  not 
agreed  to. 

The  question  recurred  on  the  motion  of  Mr.  Barnes,  and  it 
was  agreed  to. 

Mr.  Venable,  from  the  committee  on  the  subject,  appointed 
this  morning,  reported  the  following  resolutions  : 

Resolved,  That  this  Convention  accepts  the  bust  of  the  late 
Honorable  John  C.  Calhoun,  presented  to  the  State  of  North 
Carolina  Tjy  Col.  Wharton  J.  Green,  and  orders  that  the  same 
be  placed  in  a  suitable  niche  in  the  Senate  Chamber  of  the 
Capital. 

Resolved,  Thaf  the  thanks  of  the  Convention  are  due  to 
Col.  Green  for  this  memorial  of  a  patriot  and  Statesman,  whose 
name  is  so  justly  honored  in  the  memory  of  his  countrymen. 

The  resolutions  were  unanimously  agreed  to,  and  the  com- 
mittee was  charged  with  carrying  out  the  order  of  the  Conven- 
tion. 

On  motion  of  Leak,  of  Richmond,  the  resolutions  and  the 
letter  of  Col.  Green  were  ordered  to  be  printed. 

Mr.  Rayner,  from  the  Committee  on  Finance,  to  whom  it  was 
recommitted,  reported  an  ordinance  to  provide  for  a  Board  of 
Claims,  and  recommended  its  passage. 

On  motion,  the  Convention  then  resolved  itself  into  a  Com- 
mittee of  the  Whole,  Mr.  Satterthwaite  in  the  chair,  and  pro- 
ceeded to  consider  the  ordinance  just  reported. 

After  some  time  spent  therein,  the  Committee  rose  and 
reported  the  ordinance  back  to  the  Convention,  with  a  recom- 
mendation that  it  do  pass. 

Mr.  Durham  moved  to  amend  as  follows  :  Strike  out  all  after 
the  word,  "ordained,"  and  insert,  "That  the  County  Court 
shall  have  power  to  appoint  a  Board  of  Claims,  whose  duty  it 
shall  be  to  examine  and  pass  upon  all  claims  for  their  respective 
counties,  and  report  the  same  to  the  Paymaster  General,  under 


1861.]  STATE   CONVENTION. 


95 


the  seals  of  their  respective  counties,  for  payment,"  which  was 
not  agreed  to. 

Mr.  Batchclor  moved  that  the  Convention  adjourn,  which 
motion  did  not  prevail. 

The  question  recurred  on  the  passage  of  the  ordinance  on 
its  second  reading,  and  it  was  agreed  to. 

The  rules  were  suspended,  and  the  ordinance  put  on  its  third 
leading. 

Mr.  Rayncr  moved  to  amend  by  inserting  after  the  word, 
"no,"  the  words,  "county  or  corporation,"  which  was  agreed  to' 

Mr.  Ruffin  moved  to  amend  by  striking  out  the  word,  "No- 
vember," in  the  last  section,  and  inserting  the  word,  "Decem- 
ber," in  lieu  thereof,  which  was  agreed  to. 

The  ordinance  then  passed  the  third  reading,  and  was  ordered 
to  be  enrolled.  /_ 

Mr.  Badger  ofTerpd  the  following.  ^^Tlich  lies  over  one  day 
under  the  rule  : 

Resolvi'd,  That  a  seat  in  the  Confederate  Congress  and  a  seat 
in  this  Convention  being  incompatible,  the  acceptance  of  the 
former  shall  vacate  the  latter. 

And  then,  on  motion  of  Mr.  Badger,  the  Convention  adjourned. 


IN  CONVENTION,  Wednesday,  June  12,  1861. 
The  President  took  the  chair  and  called  the  Convention  to 
order.     Prayer  by  Rev.  Thomas  E.  Skinner,  of  the  Baptist 
Church. 

The  journal  of  yesteiday  was  read  and  approved. 

The  President  laid  before  the  Convention  a  communication 
from  C.  H.  Brogden,  Comptroller  of  public  accounts,  in  response 
to  a  resolution  of  the  body,  which  was  read,  referred  to  the 
committee  of  Finance,  and  ordered  to  be  printed. 

Mr.  Smith,  of  Johnston,  introduced  an  ordinance  to  amend 
the  Constitution  of  the  State,  so  as  to  provide  that  the  Judges 
of  the  Superior  Courts  of  Law  and  Equity  shall  hereafter  be 


96  JOURNAL   OF   THE     '  [June  12, 

elected  by  the  qualified  voters  of  the  House  of  Commons, 
which  passed  its  first  reading,  and  was  ordered  to  be  printed. 

On  motion  of  Mr.  Arrington,  the  resolution  heretofore  intro- 
duced by  him  to  increase  the  pay  of  privates  in  the  army,  was 
taken  up  for  consideration. 

Mr.  Biggs  moved  to  refer  the  resolution  to  the  committee  on 
Military  Affairs. 

Mr.  Satterthwaite  moved  to  amend  the  motion  by  instructing 
said  committee  to  inquire  whether  the  rate  of  compensation  to 
officers  and  privates  is  now  fixed  at  the  proper  sum,  which 
motion  prevailed,  and  the  motion,  as  amended,  was  agreed  to. 

The  resolution  declaring  the  incompatibility  of  a  seat  in*  the 
Convention  with  a  seat  in  the  Confederate  Congress,  then  passed 
its  second  reading,  on  a  call  of  the  ayes  and  noes,  ordered,  on 
motion  of  Mr.  Badger,  as  follows : 

Ayes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes, 
Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Bond,  Brodnax, 
Brown,--Cannon,  Carson, .  Christian,  Councill,  Craige,  Cunning- 
ham, Darden,  Davidson,  Dick,  Dilliard,  Douthitt,  Durham, 
Edwards,  Ellison,  Ferebee,  Foster  of  Ashe,  Foster  of  Randolph, 
Foy,  Fuller,  Gilmer,  Gorrell,  Graham,  Green,  Greenlee,  Grimes, 
Headen,  Hearne,  Henkel,  Hicks,  Holden,  Houston  of  Duplin, 
Houston  of  Union,  Howard,  Jones  of  Rowan,  Joyce,  Kittrell, 
Lander,  Leak  of  Anson,  Leak  of  Richmond,  Long,  Mann, 
Manning,  McDowell  of  Bladen,  McNeill  of  Cumberland,  Mc- 
Neill of  Harnett,  Merritt,  Miller,  Mitchell,  Moody,  Moseley, 
Myers,  Osborne,  Patterson,  Penland,  Pettigrew,  Phifer,  Rayner, 
Rhodes,  Royster,  Ruffin,  Sanders,  Satterthwaite,  Shipp,  Smith 
of  Halifax,  Smith  of  Johnston,  Speed,  Sprouse,  Spruill  of 
Bertie,  Spruill  of  Tyrrell,  Stewart,  Sutherland,  Thomas  of 
Carteret,  Tracy,  Turner,  Walton,  Ward,  Warren,  Washington, 
Williams,  Williamson,  Wilson  and  Wooten — 93. 

Noes — Messrs.  Ashe,  Batchelor,  Biggs,  Bunting,  Hargrove, 
Holmes,  Johnston  of  Gaston,  Johnston  of  Mecklenburg,  Mc- 
Dowell of  Burke,  McDowell  of  Madison,  Meares,  Reid,  Shaw, 
Thompson,  Thornton,  Venable,  Winslow  and  Woodfin — 18. 


1861.]  STATE   CONVENTION.  97 

The  resolution  of  Mr.  Asho,  declaring  the  opinion  of  the 
Convention  in  regard  to  the  character  of  the  government  of 
the  Confederate  States,  was  then  taken  up  on  its  second  reading. 
Mr.  Satterthwaite  moved  that  it  lie  on  the  table,  and  on 
this  question  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Ashe,  and  resulted  in  the  negative,  there  heing  a  tie  vote,  as 
follows  : 

Ayes — Messrs.  Allison,  Armficld,  Badger,  Barnes,  Battle  of 
Wake,  Bond,  Brodnax,  ^rown,  Calloway,  Cannon,  Christian, 
Councill,  Davidson,  Dick,  Douthitt,  Eller,  Ellison,  Ferebee, 
Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell,  Graham, 
Headen,  Hcarne,  Holden,  Houston  of  Union,  Jones  of  Cald- 
well, Jones  of  Rowan,  Joyce,  Kittrell,  Leak  of  Anson,  Long, 
Mann,  Manning,  Mitchell,  Myers,  Pettigrew,  Rayner,  Ruffin, 
Sanders,  Satterthwaite,  Shipp,  Smith  of  Halifax,  Smith  of 
Johnston,  Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrrell, 
Thomas  of  Carteret.  AVmUoh.  AVarrcn.  WMsliincrton.  Williamson 
and  Wilson — 55. 

Noes — Messrs.  Arrington,  Ashe,  Batchelor,  Battle  of  Edge- 
combe, Biggs,  Bunting,  Carson^  Craige,  Cunningham,  Darden, 
Dillard,  Durham,  Edwards,  Foy,  Fuller,  Green,  Grimes,  Har- 
grove, Henkel,  Hicks,  Holmes,  Houston  of  Duplin,  Howard, 
Johnston  of  Gaston,  Johnston  of  Mecklenburg,  Lander,  Leak 
of  Richmond,  McDowell  of  Bladen,  McNeill  of  Cumberland, 
McNeill  of  Harnetfj^Meares,  Merritt,  Miller,  Moody,  Moseley, 
Osborne,  Patterson,  Penland,  Phifer,  Reid,  Rhodes,  Royster, 
Shaw,  Stewart,  Sutherland,  Thompson,  Thornton,  Tracy,  Turner, 
Venable,  Ward,  Williams,  Winslow,  Woodfin  and  Wooten — 55. 

The  question  then  recurred  on  the  passage  of  the  resolution. 
Mr.  Ashe  demanded  the  ayes  and  noes,  which  were  ordered. 

Mr.  Ellison  then  called  for  the  special  order,  being  the  oi'*di- 
nance  relating  to  the  meeting  of  the  General  Assembly. 

Mr.  Batchelor  moved  to  postpone  the  same  for  half  an  hour : 
and  on  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Badger,  and  resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Arrington,  Ashe,  Batchelor,  Bunting,  Carson^ 

Craige,  Cunningham,  Darden,  Dillard,  Fuller,  Hargrove,  Holmes, 
1  ^ 


08  JOURNAL  OF  THE  [June  12, 

Houston  of  Duplin,  Johnston  of  Gaston,  Lander,  Leak  of  Rich- 
mond, McDowell  of  Madison,  McNeill  of  Cumberland,  Mc- 
Neill of  Harnett,  Moseley,  Penland,  Reid,  Rhodes,  Royster, 
Shaw,  Stewart,  Sutherland,  Thompson,  Thornton,  Turner,  Ven- 
able,  Williams,  Winslow,  Woodfin  and  Wootcn — 34. 

Noes — Messrs.  Allison,  Armfield,  Badger,  Barnes,  Battle  of 
Edgecombe,  Battle  of  Wade,  Berry,  Biggs,  Bond,  Brodnax, 
Brown,  Calloway,  Cannon,  Christian,  Councill,  Davidson,  Dick, 
Douthitt.  Durham,  Edwards,  Eller,  Ellison,  Ferebee,  Foster  of 
Ashe,  Foster  of  Randolph,  Foy,  Gilmer,  Gorrell,  Graham, 
Green,  Grimes,  Headen,  Hearne,  Henkel,  Hicks,  Holden, 
Houston  of  Union,  Howard,  Johnston  of  Mecklenburg,  Jones 
of  Caldwell,  Jones  of  Rowan,  Joyce,  Kittrell,  Leak  of  Anson, 
Long,  Mann,  Manning,  McDowell  of  Bladen,  McDowell  of 
Burke,  Meares,  Merritt,  Miller,  Mitchell,  Moody,  Patterson, 
Pettigrew,  Phifer,  Rayner,  Rufiin,  Sanders,  Satterthwaite, 
Shipp,  Smith  of  Halifax,  Smith  of  Johnston,  Speed,  Sprouse, 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Thomas  of  Carteret, 
Tracy,  Walton,  Ward,  Warren,  Washington,  Williamson  and 
Wilson— 76. 

The  special  order  was  then  taken  up. 

Mr.  Ferebee  offered  the  following  amendment :  Strike  out  all 
after  the  ordaining  clause,  and  insert,  "  That  the  General 
Assembly,  elected  on  the  first  Thursday  in  August,  1860,  be, 
and  the  same  is  hereby  dissolved." 

Be  it  further  ordained,  That  the  Governor  be  directed  to 
issue  his  proclamation,  declaring  said  General  Assembly, 'dis- 
solved, and  that  he  order  an  election  to  be  held  on  the  first 
Thursday  in  August  next  for  members  of  the  Legislature,  and 
that  they  assemble  in  Raleigh,  in  regular  session,  on  the  third 
Monday  in  November  next. 

Mr.  Biggs  oficred  the  following  amendment  to  the  amend- 
ment: Strike  out  all  after  the  word  "that,"  in  the  first  line, 
and  insert,  "The  resolution  of  the  General  Assembly  adjourn- 
ing the  special  session  thereof,  until  the  25th  inst.,  be,  and  the 
Same  is  hereby  repealed,  and  the  said  General  Assembly  shall 
meet  in  regular  session  at  such  time  after  the  20th  of  Jul  v. 


1861.]  STATE   CONVENTION.  99 

1861,  during  this  year,  as  may  be  appointed  by  the  Governor, 
of  which  he  shall  make  proclamation. 

'  Be  it  further  ordained^  That  the  Governor  shall,  by  procla- 
mation, immediately  notify  the  members  of  the  General  Assem- 
bly of  the  above  ordinance. 

Mr.  Howard  moved  to  postpone  the  consideration  of  the  sub- 
ject until  Saturday  next,  at  12  o'clock,  pending  the  considera- 
tion of  which  motion,  the  hour  arrived,  and  the  Convention  took 
a  recess  until  4  o'clock,  P.  M. 


4  O'clock,  P.  M. 

The  Convention  rc-assemblod  and  resumed  the  business  pend- 
ing at  the  hour  of  recess.     After  some  time  spent  therein, 

The  President  laid  before  the  Convention  the  following  com- 
munication from  His  Excellency,  Gov.  Ellis,  with  the  accom- 
panying oflScial  report  of  Col.  D.  H.  Hill,  commanding  the 
first  regiment  of  North  Carolina  Volunteers,  which,  on  motion 

of  Mr.  Moseley  was  ordered  to  be  spread  upon  the  journal : 

■4 

Executive  Office,  12th  June,  1861. 
To  the  Honorable  President, 

and  members  of  the  Convention  : 

Gentlemen  :  I  have  the  pleasure  to  transmit  herewith  an 
ofiScial  dispatch  fiom  Col.  D.  H.  Hill,  commanding  the  1st 
Regiment  of  N.  C.  Volunteers,  giving  a  detailed  account  of  a 
signal  victory  achieved  over  the  enemy  near  Hampton,  Va.,  in 
which  the  North  Carolina  Regiment  bore  a  prominent  part. 

I  would  avail  myself  of  this  opportunity  to  ask  of  the  Con- 
vention the  privilege  of  tendering  to  the  gallant  commander  of 
the  regiment,  and  the  brave  officers  and  men  under  his  com- 
mand, those  testimonials  of  approbation  most  grateful  to  a  sol- 
dier's feelings. 

I  would  respectfully  recommend  Col.  Hill  as  worthy  of  pro- 
motion to  the  rank  of  Brigadier  General,  and  that  a  full  Brig- 


100  JOURNAL   OF  THE  [June  12, 

ade  be  at  once  placed  under  his  command.     Other  recommend- 
ations will  be  made  when  further  particulars  are  received. 
Respectfully  submitted, 

JOHN  AV.  ELLIS. 

YoRKTOWN,  Va.,  June  11th,  1861. 

Honorable  John   W.  Mlis, 

Grovernor  of  North  Carolina  : 

Sir  :  1  have  the  honor  to  report  that  eight  hundred  of  my 
regiment  and  three  hundred  and  sixty  Virginians,  were  engaged 
for  five  and  a  half  hours  with  four  and  a  half  regiments  of  the 
enemy,  at  Bethel  Church,  near  Hampton.  The  enemy  made 
three  distinct  and  well  sustained  charges,  but  were  repulsed 
with  heavy  loss.  Our  cavalry  pursued;  them- for- '^xiidiles, 
wh^ri  their  retreat  became  a  total  rout.  -  Fearing  that  h^avy 
reinforcements  would  be  sent  from  Fortress  Monroe,  wd  fell 
back  at  nightfall  upon  our  works  at  Yorktown.  I  regret  to 
report  the  loss  of  one  man  killed,  (private  Hemy  L.  Wyatt,  of 
the  Edgecombe  Guards,)  and  several  wounded.  The  loss  of 
the  enemy,  by  their  own  confession,  was  one  hundreds ajiS  fifty, 
but  it  may  safely  be  estimated  at  two  hundred  and  fifty. 

Our  regiment  behaved  most  gallantly.  Not  a  man  shrunk 
from  his  post  or  showed  symptoms  of  fear.  ^       "»'■  ,\'l 

When  more  at  leisure  I  will  give  you  a  detailed  report  of 
operations. 

Oui'  Heavenly  Father  has  most  wonderfully  interposed  to 
shield  our  heads  in  the  day  of  battle.  Unto  Him  be  all  the 
praise  for  our  success. 

With  great  respect, 

D.  H.  HILL, 

Col.  1st  Reg.  N.  C.  V. 

The  above  having  been  read  amidst  the  almost  unrestrained 
enthusiasm  of  the  Convention,  "^ 

On  motion  of  Mr.  Badger,  it  was  ordered  imanimowdy  tliat 
the  President  be  requested  to  present  to  His  Excellency,  the 
Governor,  the  sincere  and  hearty  thanks  of  this  Convention 


^ 


'-Sb. 


1861.]  STATE  CONVENTION.  lOl 

for  his  message,  and  the  liighly  gratifying  <lispatch  of  Col. 
ilill,  and  to  assure  him  of  the  readiness  with  which  this  Con- 
vention Avill  co-operate  with  him  in  oflfering  any  testimonial  of 
honor  and  grateful  acknowledgements  to  that  gallant  comman- 
der, and  the  officers  and  men  under  his  command,  which  His 
Excellency  may  be  pleased  to  recommend. 

On  motion  of  Mr.  Biggs,  it  was  ordered  that  3200  copies  of 
the  message  and  dispatch  be  printed  for  the  members  of  this 
Convention. 

On  motion,  it  was  ordered  that  when  the  Convention  adjourn 
tu-day,  it  adjourn  to  meet  on  Friday,  at  10  o'clock. 

On  motion  of  Mr.  Spruill,  of  Bertie,  a  committee  was  ap- 
pointed, consisting  of  Messrs.  Spruill.  of  Bertie,  Rayner  and 
Barnes,  to  make  arrangementsibr  illuminating  the  Capitol  iind 
grounds  in  honor  of  the  brilliant  victory  achieved  by  our  gal- 
lant troops. 

And  then,  on  motion,  the  Convention  adjourned  to  Friday, 
10  oclock,  to-morrow  being  the  day  set  apart  by  President 
Davis  as  a  day  of  prayer  and  thanksgiving  to  Almighty  God 
for  His  protection  and  blessings  to  our  people  and  nation. 


IN  CONVENTION,  Friday,  June  14,  1861. 

The  President  took  the  chair  and  called  the  Convention  to 
order. 

The  journal  of  Wednesday  was  read  and  approved. 

The  President  laid  before  the  Convention  the  following  letter 
from  His  Excellency,  Jefferson  Davis,  President  of  the  Con- 
federate States,  which  was  i-ead  and  ordered  to  be  spread  upon 
the  journal: 

KiCHMOND,  Va.,  June  11th,  1861. 
Hon.  Weldon  N.  Edwards, 

President  of  the  Convention  of  North  Carolina  : 
V    Sir  :  I  have  received,  through  His  Excellency,  John  W. 
Ellis,  Governor  of  North   Carolina,  a  copy  of  an  ordinance 


102  JOURNAL  OF  TIIe  [June  14, 

passed  by  the  Convention  of  North  Carolina,  vesting  in  the 
Confederate  Stntcs  of  America,  jurisdiction  over  certain  tracts 
of  land  in  the  town  of  Fayetteville  and  County  of  Cumber- 
land, Looking  hopefully  to  the  day  when  in  arms  and  all 
things  necessary  to  maintain  our  rights,  we  may  be  independent, 
I  am,  respectfully  and  truly  yours, 

JEFFERSON  DAVIS. 

On  motion  of  Mr.  Ruffin,  the  letter,  with  all  matters  per- 
taining to  the  cession  of  forts,  dockyards,  and  other  public 
property,  was  referred  to  a  special  committee,  consisting  of 
Messrs.  Ruffin,  Graham,  Rayner,  Gorrell  and  Shaw. 

Mr.  Strong,  from  the  Committee  on  Enrollments,  reported 
the  following  ordinance  as  having  been  examined  and  found 
correct,  viz  :  an  ordinance  touching  the  authentication  of  ordi- 
nances and  other  acts  of  this  Convention ;  and  the  same  was 
signed  by  the  President  and  attested  by  the  Secretary  and 
Assistant  Secretary. 

Mr.  Battle,  of  Wake,  offered  the  following  which  lies  over 
one  day  : 

Resolved,  That  a  committee  be  raised  to  inquire  into  the  i^. 
propriety  of  the  passage  of  an  ordinance  allowing  Elizabeth 
Chavis,  and  her  infant  child,  free  persons  of  color,  of  Wake 
county,  to  become  the  slaves  of  Dr.  B.  F.  Graham,  of  said 
county. 

Mr.  Miller  offered  the  following,  which  lies  over  one  day : 

Resolved,  That  no  delegate  to  this  Convention  shall  speak 
more  than  thirty  minutes  on  any  one  subject,  unless  by  the 
unanimous  consent  of  the  Convention. 

Mr.  Smith,  of  Halifax,  moved  to  take  up  the  motion,  made 
several  days  ago  by  Mr.  Fuller,  to  reconsider  the  vote  by  which 
the  Convention  passed  the  ordinance  to  provide  for  the  defense 
of  the  seaboard  counties  of  the  State,  which  motion  prevailed. 

The  question  being,  will  the  Convention  agree  to  reconsider  ? 

Mr.  Badger  moved  that  the  motion  to  reconsider  be  laid  on 
the  table,  on  which  the  ayes  and  noes  were  ordered,  on  motion^^ 
of  Mr.  Spee<l,  and  resulted  in  the  negative,  as  follows  : 


1861.]  StXtE   convention.  103 

Ayes — Messrs.  Allison,  Armfickl,  Arrington,  Badger,  Barnes, 
Battle  of  Wake,  Berry,  Bond,  Brown,  Calloway,  Cannon, 
Christian,  Councill,  Davidson,  Dick,  Dillard,  Douthitt,  Eller, 
Ellison,  Fercbce,  Foster  of  Ashe,  Foster  of  Randolph,  Foy, 
Gilmer,  Gorrell,  Graham,  Green,  Hcadcn,  Iloldcn,  Jones  of 
Caldwell,  Joyce,  Kittrcll,  Leak  of  Richmond,  Long,  Mann, 
Merritt,  Mitchell,  Pettigrew,  Sanders,  Smith  of  Halifax,  Smith 
pf  Johnston,  Smith  of  Macon,  Speed,  Spruill  of  Bertie,  Spruill 
of  Tyrrell,  Walton,  Ward  and  Wilson— 48. 

Noes — Messrs.  Ashe,  Batchclor,  Battle  of  Edgecombe,  Biggs, 
Brodnax,  Bunting,  Carson,  Craige,  Cunningham,  Darden,  Dur- 
ham, Edwards,  Fuller,  Greenlee,  Grimes,  Hargrove,  Hearne, 
Henkel,  Hicks,  Holmes,  Houston  of  Union,  Howard,  Johnston 
of  Gaston,  Lander,  IMcDowell  of  Bladen,  McDowell  of  Burke, 
McDowell  of  Madison,  McNeill  of  Cumberland,  McNeill  of 
Harnett,  Meares,  Miller,  Moscley,  Patterson,  Penland,  Phifcr, 
Reid,  Rhodes,  Royster,  Ruffin,  Satterthwaite,  Shaw,  Sprouse, 
Stewart,  Strong,  Sutherland,  Thomas  of  Jackson,  Thompson, 
Thornton,  Tracy,  Turner,  Venable,  Williams,  Williamson, 
Woodfin  and  Wooten — 55. 

The  question  recurring  6n  the  motion  to  reconsider,  it  was 
decided  in  the  affirmative,  the  ayes  and  noes  being  ordered,  on 
motion  of  Mr.  Barnes,  as  follows : 

Ayes — Messrs.  Ashe,  Batchelor,  Battle  of  Edgecombe,  Biggs, 
Bunting,  Carson,  Councill,  Craige,  Cunningham,  Darden,  Dur- 
ham, Edwards,  Fuller,  Greenlee,  Grimes,  Hargrove,  Hearne, 
Henkel,  Hicks,  Holmes,  Houston  of  Union,  Howard,  Johnston 
of  Gaston,  Lander,  McDowell  of  Bladen,  McDowell  of  Burke, 
McDowell  of  Madison,  McNeill  of  Cumberland,  McNeill  of 
Harnett,  Meares,  Miller,  ]Moseley,  Patterson,  Penland,  Phifer, 
Reid,  Rhodes,  Royster,  Ruffin,  Satterthwaite,  Shaw,  Sprouse, 
Stewart,  Strong,  Sutherland,  Thomas  of  Jackson,  Thompson, 
Thornton,  "Tracy,  Turner,  Venable,  Williams,  Williamson, 
Woodfin  and  Wooten — 55.  » 

Noes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes, 
Battle  of  Wake,  Berry,  Bond,  Brodnax,  BroAvn,  Calloway, 
Cannon,  Christian,  Davidson,  Dick.    Dillard,   Douthitt,   Eller, 


104  IJOUBNAL   OF   THE  [June  14, 

Ellison,  Fercbee,  Foster  of  Ashe,  Foster  of  Randolph,  Foy, 
Gilmer,  Gorrell,  Graham,  Green,  Ilolden,  Jones  of  Cald-well, 
Joyce,  Kittrell,  Leak  of  Jlichmond,  Long,  Mann,  Merritt, 
Mitchell,  ]\Ioody,  Pettigrew,  Sanders,  Smith  of  Halifax,  Smith . 
of  Johnston,  Smith  of  Macon,  Speec^,  Spruill  of  Bertie,  Sprnill 
of  Tyrrell,  AV^vlton,  Ward  ajid  Wilson— 48. 

.  The  question  recurring  upon  the  passage  of  the  ordinance 
on  its  third  reading,  the  same  was  considered  until  the  hour 
arrivexi  for  the  special  order,  being  the  ordinance  relating  to 
the  meeting  of  the  General  Assembly.  ' 

Mr.  Barnes  moved  to  postpone  the  special  order  until  the 
pending  question  was  disposed  of;  during  the  discussion  of 
which  motion,  the  hour  arrived  and  the  Convention  took  a 
recess  until  4  o'clock,  P.  M. 


4  O'clock,  P.  M. 

The  Convention  re-assembled,  when,  by  consent,  Mr.  Spruill,- 
of  Bertie,  made  a  report  from  the  committee  of  arrangements^ 
illuminating  the  Capitol,  recommending  a  postponement  of  t\ie 
matter  for  the  present,  which  was  read  and  laid  upon  the  table.. 

The  Convention  then  resumed  the  consideration  of  the  motion' 
of  Mr.  Barnes,  which  was  pending  at  the  hour  of  recess,  and 
after  some  time  spent  therein,  the  motion  was  agreed  to,  and 
the  question  being  on  the  final  passage  of  the  ordinance,  the 
ayes  and  noes  were  ordered,  on  motion  of  Mr.  Barnes,  and 
resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes, 
Battle  of  Wake,  Berry,  Bond,  Brodnax,  Brown,  CalloAvay,  Can- 
non, Christian,  Davidson,  Dick,  Dillard,  Douthitt,  Eller,  Elli- 
son, Ferebee,  Foster  of  Ashe,  Foster  of  Randolph,  Foy,  Gilmer, 
Gorrell,  Graham,  Green,  Ileaden,  Holden,  Jones  of  Caldwell, 
Kittrell,  Leak  of  Anson,  Long,  Mann,  Meares,  Mitchell,  Myers, 
Pettigrew,  Sanders,  Smith  of  Halifax,  Smith  of  Johnston, 
Smith  of  Macon,  Speed,  Spruill  of  Bertie,  Spruill  of  Tyrrell, 
Thomas  of  Carteret,  Walton,  Ward,  AVarren  and  Wilson — 50. 


1801.]  STATE   CONVENTION.  105 

Noes — Messrs.  Ashe,  Batchelor,  Battle  of  Edgecombe,  Biggs, 
Bunting,  Carson,  Council!,  Craige,  Cunningham,  Darden,  Dur- 
ham, Edwards,  Greenlee,  Grimes,  Hargrove,  Hearne,  Henkel, 
Hicks,  Holmes,  Houston  of  Union,  Howard,  Johnston  of  Gas- 
ton, Jones  of  Rowan,  Joyce,  Lander,  Leak  of  Richmond,  Mc- 
Dowell of  Bladen,  McDowell  of  Burke,  McDowell  of  Madison, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Miller,  Moseley, 
Penland,  Phifer,  Rcid,  Rhodes,  Royster,  Ruffin,  Satterthwaite, 
Shaw,  Sprouse,  Stewart,  Strong,  Sutherland,  Thomas  of  Jack- 
son, Thompson,  Thornton,  Tracy,  Turner,  Venable,  Willinms, 
Williamson,  Woodfin  and  Wooten — 55. 

Then,  on  motion  of  Mr.  Badger,  the  Convention  adjourned. 


IN  CONVENTION,  Saturday,  June  15,  1861. 

The  President  took  the  chair  and  called  the  Convention  to 
order. 

The  journaj^of  yesterday  was  read  nnd  approved. 

Mr.  Venable,  from  the  Committee  on  Military  Affairs, 
reported  an  ordinance  to  amend  the  military  laws  of  the  State, 
which  was  ordered  to  lie  on  the  table  and  be  printed. 

Mr.  Ruffin,  from  the  committee  on  that  subject,  reported  an 
ordinance  to  amend  the  Constitution  of  the  State,  touching  the 
subjects  of  taxation,  revenue,  and  the  public  debt,  which  passed 
the  first  reading,  and  was  ordered  to  be  printed,  and  made  the 
special  order  of  the  day  for  Tuesday  next  at  11  o'clock. 

Mr.  Sanders  introduced  an  ordinance  to  amend  the  third 
section  of  the  fourth  article  of  amendments  to  the  Constitution, 
which  passed  its  first  reading,  and  was  ordered  to  be  printed. 

Mr.  Howard,  from  the  committee  on  Military  Affiiirs,  to 
whom  the  subject  had  been  referred,  made  an  adverse  report 
on  the  resolutions  relating  to  a  change  in  the  pay  of  officers 
and  soldiers,  which  lies  on  the  table  one  day  for  consideration. 

Mr.  Woodfin,  from  the  committee  on  Finance,  made  a  majority 
report  on  the  subject  of  the  issue  of  Treasury  notes,  which  lieg 
over  one  day. 

14 


106  JOURNAL   OF  THE  [June  15, 

Mr.  Rayner  gave  notice  that  the  minority  wouUl  present  its 
views  when  the  subject  came  up  for  consideration. 

Mr.  Rayner,  from  the  same  committee,  to  whom  had  been 
referred  a  resolution  reLating  to  the  payment  of  Sheriffs  for 
holding  elections  of  members  of  this  Convention,  made  a  favor- 
able report  thereon,  accompanied  with  an  ordinance  on  that 
subject,  which  lies  over  one  day  for  consideration. 

Also,  on  the  resolution  authorizing  the  employment  of  cleri- 
cal force  in  the  Comptroller's  department,  to  enable  that  officer 
to  furnish  the  Convention  with  certain  information  asked  in 
relation  to  the  receipts  into  the  Public  Treasury,  -which,  the 
rules  being  suspended,  passed  its  several  readings,  and  was 
ordered  to"  be  enrolled. 

Mr.  Ashe  presented  the  proceedings  of  a  public  meeting  in 
the  town  of  Wilmington,  and  also  the  proceedings  of  the  com- 
mittee of  safety  in  the  the  said  town,  in  relation  to  the  property 
of  late  citizens  of  that  place  who  had  abandoned  the  State  in 
her  hour  of  peril,  and  gone  into  the  country  of  the  enemy, 
which  were  read,  and,  on  his  motion,  referred  to  a  select  com- 
mittee. 

Mr.  Howard,  from  the  committee  on  Military  Affairs,  intro- 
duced a  resolution  in  favor  of  L.  W.  Joyner,  clerk  of  said  com- 
mittee, which,  by  general  consent,  passed  its  three  several 
readings,  and  was  ordered  to  be  enrolled. 

The  Convention  then  proceeded  to  the  consideration  of  the 
ordinance  relating  to  the  meeting  of  the  General  Assembly, 
said  ordinance  having  been  set  for  yesterday,  but  was  super- 
ceded by  the  ordinance  for  the  seaboard  defense. 

By  consent,  Mr.  Biggs  Avithdrew  the  amendment  heretofore 
offered  by  him,  and  thereupon  moved  to  amend  the  amendment 
of  Mr.  Ferebee,  by  striking  out  the  first  section  thereof. 

Pending  the  consideration  of  this  motion,  the  hour  arrived, 
and  the  Convention  took  a  recess  until  4  o'clock,  P.  M. 


1861.1  STATE   CONVENTION.  107 

4  O'clock,  P.  M. 

No  quorum  being  present,  on  motion,  the  Convention  adjourned 
until  Monday,  at  10  o'clock,  A.  M. 


IN  CONVENTION,  Monday,  June  17,  1861. 

The  President  took  the  chair  and  called  the  Convention  to 
order. 

The  journal  of  Saturday  was  read  and  approved. 

Mr.  Strong,  from  the  Committee  on  Enrollments,  reported  the 
following  ordinances  as  having  been  examined  and  found  cor- 
rect, viz: 

An  Ordinance  to  provide  for  the  appointment  of  a  Board  of 
Claims ; 

An  Ordinance  to  dissolve  the  Union  between  North  Carolina 
and  the  other  States  united  with  her  in  a  compact  of  govern- 
ment entitled,  "  The  Constitution  of  the  United  States  ;"         * 

An  ordinance  to  ratify  the  Constitution  of  the  Provisional 
Government  of  the  Confederate  States  of  America ; 

Which  were  severally  signed  by  the  President  and  attested 
by  the  Secretaries. 

The  President  announced  the  following  committee  on  the 
memorial  »from  citizens  of  AVimington  :  Messrs.  Holmes,  Rayner, 
Warren,  Battle,  of  Wake,  and  Meares. 

Mr.  Howard,  from  the  Committee  on  Military  Affairs,  reported 
an  ordinance  to  authorize  the  Governor  to  confer  Brevet  rank 
on  certain  officers  for  meritorious  services ;  which  passed  its 
first  reading. 

Mr.  Venable  offered  a  resolution  to  authorize  the  Ist  Regi- 
ment N.  C.  Volunteers  to  have  the  word  "  Bethel"  inscribed 
upon  its  banner,  which,  the  rules  being  suspended,  passed  its 
three  several  readings,  and  was  ordered  to  be  enrolled. 

Mr.  Biggs  moved  that  when  the  Convention  adjourn  on  Fri- 
day next,  it  adjourn  to  meet  on  the  first  Monday  in  October, 
unless  sooner  called  together  by  the  proclamation  of  the  Presi- 
dent. 


108  JOURNAL  OF  THE  [June  17, 

Pending  the  consideration  of  this  motion,  the  hour  arrived  for 
the  special  orders  of  the  day. 

Mr.  Biggs  moved  to  postpone  the  same  until  his  motion  in 
regard  to  adjournment  was  disposed  of,  and  on  this  question,  he 
asked  the  ayes  and  noes,  which  were  ordered  and  resulted  in 
the  negative,  as  follows  : 

Ayes — Messrs.  Arrington,  Biggs,  Brodnax,  Brown,  Bunting, 
Carson,  Craige,  Darden,  Dillard,  Durham,  Edwards,  Foy,  Green- 
lee, Grimes,  Hargrove,  Henkel,  Howard,  Johnston  of  Gaston, 
Lander,  McDowell  of  Bladen,  McDowell  of  Burke,  McDowell 
of  Mecklenburg,  McNeill  of  Cumberland,  Miller,  Penland, 
Phifer,  Reid,  Rhodes,  Eoyster,  Satterthwaite,  Shaw,  Stewart, 
Strong,  Sutherland,  Thompson,  Thornton,  Tracy,  Venable, 
Walton,  Ward,  Williamson,  Winslow  and  Wooten — 43. 

Noes — Messrs.  Allison,  Armfield,  Badger,  Barnes,  Batchelor, 
Battle  of  Wake,  Bond,  Calloway,  Cannon,  Councill,  Davidson, 
Dick,  Douthitt,  Eller,  Ellison,  Ferebee,  Foster  of  Ashe,  Fuller. 
"Gilmer,  Gorrell,  Graham,  Headen,  Hicks,  Holden,  Houston  of 
Union,  Jones  of  Caldwell,  Joyce,  Kittrell,  Leak  of  Anson, 
Leak  of  Richmond,  Long,  Mann,  Manning,  Meares,  Merritt, 
Mitchell,  Myers,  Patterson,  Pettigrew,  Rayner,  Ruffin,  Sanders, 
Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Spruill 
of  Bertie,  Spruill  of  Tyrrell,  Turner,  Washington,  Wilson  and 
Woodfin— 52. 

By  consent,  Mr.  Holden  introduced  an  ordinance  to  amend 
r\  the  4th  section  of  the  4th  article  of  the  amendments  to  the 
^^  Constitution,  so  as  to  strike  out  "United  States,"  and  insert, 
'''    "Confederate  States,"  which  passed  its  first  reading. 

By  consent,  Mr.  Batchelor  introduced  an  ordinance  giving 
certain  jurisdiction  to  the  Superior  Courts,  which  passed  its 
first  reading. 

The  unfinished  business  of  Saturday,  being  the  Inotion  of 
Mr.  Biggs  to  amend  the  amendment  of  Mr.  Ferebee  to  the 
ordinance  relating  to  the  meeting  of  the  General  Assembly,  by 
striking  out  the  first  section  thereof,  was  then  taken  up  and 
considered  until  the  hour  of  recess. 


1861.]  STATE  CONVENTION.  109 

4  O'clock,  P.  M. 

The  Convention  rc-asseinbled  and  resumed  the  business  pend- 
ing at  the  hour  of  recess,  the  question  being  on  motion  of  Mr. 
Biggs  to  amend  the  amendment  of  Mr.  Ferebce. 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Biggs,  and  resulted  in  the  aflfirmative,  as  follows : 

Ayes — Messrs.  Arrington,  Batchelor,  Biggs,  Brodnax,  Brown, 
Bunting,  Carson,  Craigc,  Dillard,  Durham,  Edwards,  Foy, 
Fuller,  Greenlee,  Grimes,  Hargrove,  Headen,  Henkel,  Hicks, 
Houston  of  Union,  Howard,  Johnston  of  Gaston,  Leak  of  Rich- 
mond, McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of 
Cumberland,  McNeill  of  Harnett,  Mcares,  Mcrritt,  Miller,  Pat- 
terson, Penland,  Reid,  Rhodes,  Royster,  Sanders,  Satter- 
thwaite,  Shaw,  Sprouse,  Spruill  of  Bertie,  Stewart,  Strong, 
Sutherland,  Thomas  of  Jackson,  Thornton,  Tracy,  Turner, 
Venable,  Ward,  Williams,  Williamson,  Woodfin  and  Wooten — 52^. 

Noes — Messrs.  Allison,  Badger,  Barnes,  Berry,  Calloway, 
Cannon,  Councill,  Davidson,  Douthitt,  Eller,  Ellison,  Ferebce, 
Foster  of  Ashe,  Gorrell,  Graham,  Holden,  Leak  of  Anson, 
Long,  Mann,  Pettigrew,  Smith  of  Johnston,  Spruill  of  Tyrrell, 
Washington  and  Wilson — 24. 

Mr.  Strong  then  moved  to  amend  as  follows :  Strike  out  the 
last  section  of  Mr.  Ferebee's  amendment  and  insert,  "that  the 
resolution  of  the  General  Assembly,  adjourning  the  special 
session  thereof  to  the  25th  of  June,  1861,  be,  and  the  same  is 
hereby  repealed;  and  the  General  Assembly  shall  meet  in 
regular  session  on  the  third  Monday  in  August  next,  unless 
sooner  convened  by  the  proclamation  of  the  Governor." 

Mr.  Graham  asked  for  a  division  of  the  question,  which 
being  ordered,  the  question  was  first  put  on  striking  out,  and  it 
was  agreed  to. 

The  question  being  then  on  inserting  the  amendment  of  Mr. 
Strong, 

Mr.  Graham  asked  that  it  be  divided  so  that  the  two  sub- 
stantive propositions  therein  contained,  should  be  put  to  a 
separate  vote. 


110  JOURNAL  OF  THE  [June  17, 

The  President  decided  that  the  motion  was  not  in  order, 
amounting,  in  his  opinion,  to  an  amendment  in  the  third  degree. 

From  this  decision  Mr.  Graham  took  an  appeal  to  the  Con- 
vention, and  the  question  being  put :  "  Shall  the  decision  of 
the  chair  stand  as  the  judgment  of  the  Convention?"  it  was 
decided  in  the  affirmative.  ' 

The  question  was  then  put  on  the  insertion  of  Mr.  Strong's 
amendment,  on  which  the  ayes  and  noes  were  ordered,  on 
motion  of  Mr.  Barnes,  and  resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Dillard,  Edwards,  Fuller,  Grimes,  McDowell 
of  Burke,  Meares,  Patterson,  Pcnland,  Shaw,  Stewart,  Strong, 
Thornton  and  Williams — 13. 

Noes — Messrs.  Allison,  Armficld,  Arrington,  Badger,  Barnes, 
Batchelor,  Battle  of  Wake,  Berry,  Biggs,  Bond,  Brodnax, 
BroAvn,  Bunting,  Calloway,  Cannon,  Carson,  Councill,  Craige, 
Cunningham,  Darden,  Davidson,  Dick,  Douthitt,  Durham, 
Eller,  Ellison,  Ferebec,  Foster  of  Ashe,  Foy,  Gilmer,  Gorrcll, 
Graham,  Hargrove,  Headen,  Henkel,  Hicks,  Holden,  Houston 
of  Union,  Howard,  Johnston  of  Gaston,  Jones  of  Caldwell, 
Joyce,  Kittrell,  Lander,  Leak  of  Anson,  Leak  of  Richmond, 
Long,  Mann,  McDowell  of  Bladen,  McDowell  of  Madison, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Merritt,  Miller, ' 
Mitchell,  Moody,  Myers,  Pettigrew,  Phifer,  Rayner,  Reid, 
Rhodes,  Royster,  Ruffin,  Sanders,  Satterthwaite,  Smith  of 
Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Bertie, 
Spruill  of  Tyrrell,  Sutherland,  Thomas  of  Jackson,  Thompson, 
Tracy,  Turner,  Venablc,  AValton,  Ward,  Washington,  William- 
son, Wilson,  Woodfin  and  Wooten — 85. 

The  ({ucstion  now  recurred  upon  the  original  proposition  of 
Mr.  Reid,  the  Convention  having  stricken  out  the  whole  of  Mr. 
Ferebee's  amendment  and  refusing  to  insert,  being  tantamount 
to  a  negative  vote. 

Mr.  Ruffin  moved  to  amend  by  striking  out  all  after  the 
ordaining  clause,  and  insert,  "  That  the  General  Assembly  shall 
meet  at  least  as  often  as  once  in  every  year,  including  the  pres- 
ent year,  and  such  meeting  shall  be  on  the  third  of  November, 
unless  they  shall  by  law  appoint  a  different  day  ;    and  at  its 


1861.]  STATE   CONVENTION.  Ill 

first  annual  session  after  the  year  1861,  and  from  time  to  time 
thereafter,  shall  elect  by  joint  vote  of  the  two  Houses,  a  Sec- 
retary of  State,  Comptroller,  Treasurer  and  Council  of  State, 
who  shall  hold  the  office  for  two  years." 

A  division  was  called  for,  and  the  question  was  first  put  on 
striking  out ;  and  it  was  decided  in  the  affirmative,  on  a  call  of 
the  ayes  and  noes,  as  follows  : 

Ayes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes, 
Batcliclor,  Battle  of  Wake,  Berry,  Bond,  Brown,  Calloway, 
Cannon,  Council!,  Davidson,  Dick,  Douthitt,  Eller,  Ellison, 
Ferebee,  Foy,  Gilmer,  Gorrell,  Graham,  Grimes,  Headen,  Hicks, 
Holdcn,  Houston  of  Union,  Johnston  of  Gaston,  Jones  of  Cald- 
well, Joyce,  Kittrcll,  Leak  of  Anson,  Beak  of  Richmond,  Long, 
Mann,' McDowell  of  Bladen,  McNeill  of  Harnett,  Meares, 
Merritt,  Mitchell,  Myers,  Patterson,  Pettigrew,  Rayner,  Rhodes," 
Ruffin,  Sanders,  Satterthwaite,  Smith  of  Johnston,  Smith  of 
Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrrell, 
Stewart,  Sutherland,  Walton,  Ward,  Washington,  Williams, 
Williamson,  Wilson  and  Woodfin — 64. 

Noes — Messrs.  Biggs,  Brodnax,  Bunting,  Carson,  Craige, 
Cunningham,  Darden,  Dillard,  Durham,  Edwards,  Foster  of 
Ashe,  Fuller,  Hargrove,  Henkel,  Howard,  McDowell  of  Burke, 
McDowell  of  Mecklenburg,  McNeill  of  Cumberland,  Miller, 
Moody,  Penland,  Phifcr,  Rcid,  Royster,  Shaw,  Strong,  Thomas 
of  Jackson,  Thompson,  Thornton,  Tracy,  Turner,  Venable  and 
Wooten— 33. 

The  question  then  recurred  upon  inserting.- 

Mr.  Ellison  moved  the  following  as  a  substitute  for  Mr. 
Ruffin's  amendment:  "That  the  resolution  of  the -General  As- 
sembly, at  its  last  session,  providing  for  an  adjourned  session 
of  the  said  General  Assembly  on  the  25th  of  June,  1861,  be, 
and  the  same  is  hereby  abrogated  and  annulled." 

Mr.  Craige  moved  that  the  whole  subject  be  laid  upon  the 
table,  on  which  the  ayes  and  noes  were  ordered,  and  resulted 
in  the  negative,  as  follows : 

Ayes— Messrs.  Arrington,  Biggs,  Bunting,  Craige,  Cunning- 
ham, Darden,  Dillard,  Durham,  Fuller,  Hargrove,  McDowell  of 


112  JOURNAL   OF  THE  [June  17, 

Burke,  McNeill  of  Cumberland,  Phifer,  Reid,  Royster,  Shaw, 
Strong,  Thomas  of  Jackson,  Thornton,  Tracy,  Turner,  Vena- 
ble  and  Wooten— 23. 

Noes — Messrs.  Allison,  Armficld,  Badger,  Barnes,  Batchelor, 
Battle  of  Wake,  Berry,  Bond,  Brodnax,  Brown,  Calloway, 
Cannon,  Carson,  Councill,  Davidson,  Dick,  Douthitt,  Edwards, 
Eller,  Ellison,  Fercbee,  Foster  of  Ashe,  Foy,  Gilmer,  Gorrell, 
Graham,  Greenlee,  Grimes,  Headen,  Ilenkel,  Ilicks,  Holden, 
Houston  of  Union,  Howard,  Johnston  of  Gaston,  Jones  of 
Caldwell,  Joyce,  Kittrcll,  Leak  of  Ashe,  Leak  of  Richmond, 
Long,  Mann,  McDowell  of  Bladen,  McDowell  of  Madison, 
McNeill  of  Harnett,  INIeares,  Merritt,  Miller,  Mitchell,  Moody, 
Myers,  Patterson,  Penland,  Pettigrew,  Rayner,  Rhodes,  Ruffin, 
Sanders,  Satterthwaite,  Smith  of  Johnston,  Smith  of  Macon, 
Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrrell,  Stewart, 
Sutherland,  Thompson,  Walton,  Ward,  Washington,  Williams, 
Williamson,  AVilson  and  Woodfin — 75. 

Mr.  Thomas,  of  Jackson,  moved  that  the  Convention  adjourn, 
and  it  was  not  agreed  to. 

The  question  was  then  put  on  the  substitute  of  Mr.  Ellison, 
on  which  the  ayes  an4  noes  were  ordered,  on  motion:  of  Mr. 
Craige,  and  resulted  in  the  affirmative,  as  follows  : 

Ayes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Batch- 
elor, Berry,  Bond,  Brown,  Calloway,  Cannon,  Councill,  Cun- 
ningham, Davidson,  Dick,  Dillard,  Douthitt,  Eller,  Ellison, 
Ferebee,  Foster  of  Ashe,  Gilmer,  Gorrell,  Graham,  Headen, 
Holden,  Houston  of  Union,  Jones  of  Caldwell,  Joyce,  Kittrell, 
Leak  of  Anson,  Long,  Mann,  McNeill  of  Harnett,  Merritt, 
Miller,  Mitchell,  Myers,  Pettigrew,  Phifer,  Rayner,  Sanders, 
Satterthwaite,  Smith  of  Johnston,  Smith  of  Macon,  Speed, 
Sprouse,  Spriiill  of  Bertie,  Spruill  of  Tyrrell,  Walton,  Wash- 
ington and  WilBon — 51. 

Noes — Messrs.  Barnes,  Biggs,  Brodnax,  Bunting,  Carson, 
Craige,  Durham,  Edwards,  Foy,  Fuller,  Grimes,  Hargrove, 
Henkel,  Hicks,  Johnston  of  Gaston,  Leak  of  Richmond,  Mc- 
Dowell of  Bladen,  McDowell  of  Burke,  McDowell  of  Mecklen- 
burg, McNeill  of  Cumberland,  Meares,  Moody,  Patterson,  Pen- 


1861.]  STATE   CONVENTION.  113 

land,  Reid,  Rhodes,  Royster,  RufRn,  Shaw,  Stewart,  Strong, 
Sutherland,  Thomas  of  Jackson,  Thompson,  Thornton,  Tracy, 
Turner,  Venable,Williams,"\Villiamson,  Woodfin  and  Wooten — 42. 

Mr.  Stewart  offered  the  following  amendment : 

Be  it  further  ordained^  That  the  present  General  Assembly 
shall  meet  in  regular  session  on  the  second  Monday  in  Novem- 
ber, 1861  :  Provided^  That  the  Governor  shall  have  power  to 
call  an  extra  session  at  any  day  the  exigencies  of  the  times 
may  require. 

Mr.  Howard  moved  that  the  Convention  adjourn,  on  which 
the  ayes  and  noes  were  ordered,  and  resulted  in  the  negative, 
as  follows  : 

Ayes — Messrs.  Bunting,  Carson,  Craige,  Durham,  Foy, 
Fuller,  Howard,  McNeill  of  Cumberland,  McNeill  of  Harnett, 
Miller,  Penland,  Phifer,  Reid,  Rhodes,  Ruffin,  Shaw,  Suther- 
land, Thomas  of  Jackson,  Thornton,  Tracy  and  Turner — 23. 

Noes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes, 
Batchelor,  Battle  of  Wake,  Berry,  Biggs,  Bond,  Brodnax, 
BroAvn,  Calloway,  Cannon,  Councill,  Cunningham,  Davidson, 
Dick,  Dillard,  Douthitt,  Ellor,  Ellison,  Ferebee,  Foster  of  Ashe, 
Gilmer,  Gorrell,  Graham,  Hargrove,  Headen,  Henkel,  Hicks, 
Holden,  Houston  of  Union,  Johnston  of  Gaston,  Jones  of 
Caldwell,  Joyce,  Kittrell,  Leak  of  Anson,  Leak  of  Richmond, 
Long,  Mann,  McDowell  of  Bladen,  McDowell  of  Burke,  Mc- 
Dowell of  Madison,  Mcrritt,  Mitchell,  Moody,  Myers,  Patter- 
son, Pettigrew,  Rayner,  Royster,  Sanders,  Satterthwaite,  Smith 
of  Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Ber- 
tie, Spruill  of  Tyrrell,  Stewart,  Strong,  Thompson,  Venable, 
Walton,  Ward,  Washington,  Williams,  Wilson  and  Woodfin — 70. 

The  question  was  then  put  on  Mr.  Stewart's  amendment,  on 
which  the  ayes  and  noes  were  ordered,  on  his  motion,  and 
resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Biggs,  Bunting,  Carson,  Craige,  Cunningham. 
Dillard,  Durham,  Foy,  Greenlee,  Hargrove,  Henkel,  Howard, 
Johnston  of  Gaston,  Leak  of  Richmond,  McDowell  of  Burke, 
McDowell  of  Madison,  McNeill  of  Cumberland,  Miller,  Moody, 
Patterson,   Penland,    Reid,    Rhodes,  Royster,   Ruffin,   Sh»w, 


114  JOURNAL  OF   THE  [June  IT, 

Stewart,  Strong,  Thompson,  Thornton,  Tracy,  Turner,  Venable, 
Ward,  Wilh'ams,  Woodfin  and  Wooten — 37. 

Noes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes, 
Batchelor,  Berry,  Bond,  Brodnax,  Brown,  Calloway,  Cannon, 
Councill,  Davidson,  Dick,  Eller,  Ellison,  Ferebee,  Foster  of 
Ashe,  Gilmer,  Gorrell,  Graham,  Ileaden,  Ilicks,  Holden,  Hous- 
ton of  Union,  Jones  of  Caldwell,  .Joyce,  Kittrell,  Leak  of 
Anson,  Long,  Mann,  McDowell  of  Bladen,  McNeill  of  Harnett, 
Merritt,  Mitchell,  Myers,  Pettigrew,  Phifer,  Rayner,  Sanders, 
Satterthwaite,  Smith  of  Johnston,  Smith  of  Macon,  Speed, 
Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrrell,  Walton,  Wash- 
ington and  Wilson — 51. 

Mr.  Craige  moved  that  the  Convention  adjourn,  on  which 
the  ayes  and  noes  were  ordered  on  his  motion,  and  resulted  in 
the  negative,  as  follows  : 

Ayes — Messrs.  Brown,  Bunting,  Carson,  Craige,  Durham, 
Edwards,  Foy,  Fuller,  Johnston  of  Gaston,  McDowell  of  Mad- 
ison, McNeill  of  Cumberland,  McNeill  of  Harnett,  Moody, 
Patterson,  Penland,  Reid,  Rhodes,  Ruffin,  Shaw,  Thomas  of 
Jackson,  Thornton,  Tracy,  Turner  and  Venable — 24. 

Noes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes, 
Batchelor,  Battle  of  Wake,  Berry,  Biggs,  Bond,  Brodnax,  Cal- 
loway, Cannon,  Councill,  Cunningham,  Davidson,  Dick,  Dillard, 
Douthitt,  Eller,  Ellison,  Ferebee,  Foster  of  Ashe,  Gilmer,  Gor- 
rell, Graham,  Hargrove,  Headen,  Henkel,  Hicks,  Holden, 
Houston  of  Union,  Jones  of  Caldwell,  Joyce,  Kittrell,  Leak  of 
Anson,  Leak  of  Richmond,  Long,  Mann,  McDowell  of  Bladen, 
McDowell  of  Burke,  Meares,  Merritt,  Miller,  Mitchell,  Myers, 
Pettigrew,  Phifer,  Rayner,  Royster,  Sanders,  SatterthAvaite, 
Smitli  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Spruill 
of  Bertie,  Spruill  of  Tyrrell,  Stewart,  Strong,  Sutherland, 
Thompson,  Walton,  Washington,,  Williams,  Williamson,  Wilson, 
Woodfin  and  Wooten — 69. 

The  question  being  now  the  passage  of  the  ordinance,  as 
amended,  its  second  reading,  it  was  agreed  to. 

Mr.  Ferebee  moved  to  suspend  the  rules  and  })ut  the  ordi- 
nance on  its  third  reading. 


1861.]  STATE   CONVENTION.  115 

Mr.  Badger  moved  that  the  subject  be  postponed  and  made 
the  special  order  for  to-morrow  at  half  past  ten  o'clock,  and  it 
was  agreed  to. 

And  then,  on  motion  of  Mr.  Graham,  the  Convention  iid- 
journed. 


IN  CONVENTION,  Tuesday,  June  lb,  18H1. 

At  the  usual  hour  the  President  took  the  chair  and  called  the 
Convention  to  order. 

The  journal  of  yesterday  was  read  and  approved. 

P.  C.  Caldwell,  delegate  elect  from  Mecklenburg  county,  to 
fill  the  vacancy  occasioned  by  the  resignation  of  Col.  William 
Johnston,  appeared,  produced  his  credentials  and  took  his  seat 
in  the  Convention. 

Mr.  Smith,  of  Johnston,  from  the  committee  to  whom  the 
subject  was  referred,  reported  an  ordinance  to  extend  the  right 
of  suffrage  to  our  volunteers  while  on  duty  out  of  the  respective 
counties  in  Avhich  they  are  entitled  to  vote,  which  passed  its 
first  reading,  and  was  ordered  to  be  printed. 

Mr.  Howard,  from  the  committee  on  Military  Affairs,  reported 
an  ordinance  to  pay  the  militia  of  the  State  when  in  actual 
service. 

Also,  an  ordinance  to  facilitate  the  organization  of  ten 
thousand  State  troops,  which  passed  its  first  reading,  and  wa,s 
ordered  to  be  printed. 

Mr.  Gilmer,  from  the  committee  on  Representation,  reported 
an  ordinance  amendatory  of  the  Constitution  of  the  State  upon 
that  subject,  which  passed  its  first  reading,  and  was  ordered  to 
be  printed. 

Mr.  Batchelor  introduced  an  ordinance  to  amend  the  Consti- 
tution of  the  State,  so  as  to  provide  for  annual  sessions  of  the 
General  Assembly,  which  passed  its  first  reading,  and  was 
ordered  to  be  printed. 

Mr.  Washington,  by  consent,  withdrew  a  resolution  hereto- 
fore introduced  by  him,  asking  certain  information  in  regard  to 


116  JOURNAL  OF  THE  [June  18, 

the  number  and  disposition  of  State  troops  and  volunteers,  and 
in  lieu  thereof  offered  another  on  the  same  subject,  which  passed 
its  first  reading. 

Mr.  Gilmer  oifered  an  amendment  to  the  rules,  providing  for 
the  "  Previous  Question,"  which  lies  over  one  day. 

Mr.  Foy  offered  an  ordinance  relative  to  the  printing  of  the 
journals  and  ordinances  of  this  Convention,  which  passed  its 
first  reading,  and  was  oi  dered  to  be  printed. 

Mr.  Davidson  introduced  a  resolution  providing  for  the  regis- 
tration of  the  coupon  bonds  of  the  State,  and  the  disposition 
of  debts  due  our  alien  enemies,  which  passed  its  first  reading, 
and  was  ordered  to  be  printed. 

The  hour  having  arrived,  the  Convention  proceeded  to  the 
consideration  of  the  business  set  for  this  day,  it  being  the  ordi- 
nance relative  to  the  meeting  of  the  General  Assembly. 

Mr.  Biggs  moved  to  postpone  the  same,  in  order  to  take  up 
the  resolution  providing  for  the  adjournment  of  this  body. 

Mr.  Batchelor  moved  that  the  motion  to  postpone  lie  on  the 
table,  on  which  motion  the  ayes  and  noes  were  ordered,  on 
motion  of  Mr.  Biggs,  and  resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes, 
Batchelor,  Battle  of  Wake,  Berry,  Bond,  Brown,  Cj^lloway, 
Cannon,  Councill,  Davidson,  Douthitt,  Eller,  Ellison,  Ferebee, 
Foster  of  Ashe,  Fuller,  Gilmer,  Gorrell,  Graham,  Headen, 
Hicks,  Holden,  Houston  of  Union,  Jones  of  Caldwell,  Joyce, 
Kittrell,  Leak  of  Richmond,  Long,  Mann,  McDowell  of  Madi- 
son, Meares,  Merritt,  Mitchell,  Myers,  Pettigrew,  Phifer,  Ray- 
ner,  Ruffin,  Sanders,  Sattcrthwaite,  Smith  of  Halifax,  Smith  of 
Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Bertie, 
Spruill  of  Tyrrell,  Turner,  Warren,  Washington,  Williamson, 
Wilson  and  Woodfin — 57. 

Noes — Messrs.  Biggs,  Brodnax,  Bunting,  Caldwell,  Carson, 
Craige,  Cunningham,  Darden,  Dillard,  Durham,  Edwards,  Foy, 
Greenlee,  Grimes,  Hargrove,  Henkel,  Holmes,  Howard,  John- 
ston, Jones  of  Rowan,  Lander,  Leak  of  Anson,  McDowell  of 
Burke,  McNeill  of  Cumberland,  Miller,  Moody,  Moseley,  Pat- 
terson, Penland,  Reid,  Rhodes,  Royster,  Shaw,  Stewart,  Strong, 


1861.]  STATE  CONVENTION.  117 

Sutherland,  Thompson,  Thornton,  Tracy,  Venable,  Walton, 
Ward,  Whitford,  Williams  and  Wooten — 44. 

The  question  being  now  on  the  passage  of  the  ordinance  its 
third  reading,  it  did  not  pass ;  ayes  52,  noes  53,  as  follows  : 

Ayes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Batch- 
elor.  Battle  of  Wake,  Berry,  Bond,  Brown,  Calloway,  Cannon, 
Councill,  Cunningham,  Davidson,  Douthitt,  Eller,  Ellison,  Fcrc- 
bee,  Foster  of  Ashe,  Gilmer,  Gorrell,  Graham,  Headen,  Hol- 
den,  Houston  of  Union.  Jones  of  Caldwell,  Joyce,  Kittrell, 
Leak  of  Anson,  Long,  Mann,  Merritt,  Mitchell,  Myers,  Petti- 
grew,  Phifer,  Rayner,  Sanders,  Satterthwaite,  Shipp,  Smith  of 
Halifax,  Smith  of  Johnston.  Smith  of  Macon,  Speed,  Sprouse, 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Walton,  Warren,  Wasli- 
ington,  Williams  and  Wilson — 52. 

Noes — Messrs.  Ashe,  Barnes,  Battle  of  Edgecombe,  Biggs, 
Brodnax,  Caldwell,  Carson,  Craige,  Darden,  Dillard,  Durham, 
Edwards,  Foy,  Fuller,  Greenlee,  Grimes,  Hargrove,  Henkel, 
Hicks,  Holmes,  Howard,  Johnston,  Jones  of  Rowan,  Xeak  of 
Richmond,  McDowell  of  Bladen,  McDowell  of  Burke,  McDowell 
of  Madison,  McNeill  of  Cumberland,  Miller,  Moody,  Moseley, 
Patterson,  Penland,  Reid,  Rhodes,  Royster,  Ruffin,  Shaw, 
Stewart,  Strong,  Sutherland,  Thomas  of  Jackson,  Thompson, 
Thornton,  Tracy,  Turner,  Venable,  Ward,  Whitford,  William- 
son,  Woodfin  and  Wooten — 53. 

Mr.  Ruffin  moved  thatrthe  Convention  now  consider  the  ordi- 
nance defining  treason  against  the  State,  and  it  was  agreed  to ; 
and  the  rules  being  suspended,  it  passed  the  several  readings, 
and  was  ordered  to  be  enrolled. 

The  Convention  then  proceeded  to  the  election  of  deputies 
to  the  Congress  of  the  Confederate  States  of  America. 

Mr.  Badger  moved  that  the  delegates  from  the  districts  be 
first  elected,  on  which  motion  the  ayes  and  noes  were  ordered, 
on  motion  Mr.  Biggs,  and  resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes, 
Battle  of  Wake,  Berry,  Bond,  Brodnax,  Calloway,  Cannon, 
Councill,  Davidson,  Dick,  Douthitt,  Eller,  Ellison,  Ferebee, 
Foy,  Gilmer,   Gorrell,  Hcadcn,   Holdcn,   Houston  of  Union, 


118  JOURNAL   OF  THE  [June  18, 

Jones  of  Caldwell,  Joyce,  Kittrell,  Long,  Mann,  Mitchell,  San- 
ders, SattertliAvaite,  Shipp,  Smith  of  Halifax,  Smith  of  John- 
ston, Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Tyrrell, 
Warren,  Washington,  Williams  and  Wilson — 43. 

Noes — Messrs.  Ashe,  Batchelor,  Battle  of  Edgecombe,  Biggs, 
Bunting,  Cakhvell,  Carson,  Craige,  Cunningham,  Darden,  Dil- 
lard,  Durham,  Edwards,  Foster  of  Ashe,  Fuller,  Greenlee, 
Grimes,  Hargrove,  Henkel,  Hicks,  Holmes,  Howard,  Johnston, 
Jones  of  RoAvan,  Leak  of  Anson,  Leak  of  Richmond,  McDowell 
of  Bladen,  McDowell  of  Burke,  McDowell  of  Madison,  McNeill 
of  Cumberland,  Meares,  Merritt,  Moody,  Moseley,  Myers, 
Patterson,  Penland,  Phifer,  Reid,  Rhodes,  Royster,  Ruffin, 
Shaw,  Spruill  of  Bertie,  Stewart,  Strong,  Sutherland,  Thomas 
of  Jackson,  Thompson,  Thornton,  Tracy,  Turner,  Venable, 
Ward,  Williamson,  WinsloAv,  Woodfin  and  Wooten — 58. 

Mr.  Bond  moved  to  postpone  the  election  until  to-morrow  at 
12  o'clock.  On  this  motion  the  ayes  and  noes  were  ordered, 
on  motion  of  Mr.  Bond,  and  resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes, 
Batchelor,  Battle  of  Wake,  Berry,  Bond,  Calloway,  Camion, 
Councill,  Davidson,  Dick,  JDouthitt,  Ferebee,  Gilmer,  Gorrell, 
Graham,  Headen,  Holden,  Houston  of  Union,  Jones  of  Rowan, 
Joyce,  Kittrell,  Leak  of  Richmond,  Long,  ,Mann,  Merritt, 
Mitchell,  Moseley,  Sanders,  Smith  of  Johnston,  Smith  of  Macon, 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Warren,  Whitford  and 
Wilson— 39. 

Noes — Messrs.  Ashe,  Battle  of  Edgecombe,  Biggs,  Brodnax, 
Brown,  Bunting,  Caldwell,  Carson,  Craige,  Cunningham,  Dar- 
den, Dillard,  Durham,  Edwards,  Ellison,  Foster  of  Ashe,  Foy, 
Fuller,  Greenlee,  Grimes,  Hargrove,  Henkel,  Hicks,  Holmes, 
Howard,  Johnston,  Jones  of  Caldwell,  Leak  of  Anson,  Mc- 
Dowell of  Bladen,  McDowell  of  Burke,  McDowell  of  Madison, 
McNeill  of  Cumberland,  Meares,  Miller,  Moody,  Myers,  Pat- 
terson, Penland,  Pettigrew,  Phifer,  Rayner,  Reid,  Rhodes, 
Royster,  Ruffin,  SatterthSvaite,  Shaw,  Smith  of  Halifax,  Speed, 
Sprouse,  Stewart,  Strong,  Sutherland,  Thomas  of  Jackson, 
Thompson,  Thornton,  Tracy,  Turner,  Venable,  Walton,  Ward, 


1861.]  STATE   CONVENTION.  119 

Washington,    Williams,   Williamson,   Winslow,    Woodfin  »and 
Wooten — 67. 

The  Convention  then  proceeded  to  elect  two  delegates  to 
represent  tlio  State  at  large. 

Messrs.  Strange  and  Barnes  were  appointed  by  the  President 
to  superintend  the  election. 

Mr.  Ashe  nominated  George  Davis,  of  New  Hanover. 

MV-.  Biggs  nominated  William  W.  Avery  of  Burke. 

Mr.  Mcrritt  nominated  Bedford  Brown,  of  Caswell. 

Mr.  Ileadcn  nominated  Ilcnry  W.  Miller,  of  Wake. 

For  Mr.  Avery — Messrs.  Ashe,  Batchelor,  Battle  of  Edge- 
combe, Biggs,  Bunting,  Caldwell,  Carson,  Councill,  Craige, 
Cunningham,  Darden,  Dillard,  Durliam,  Edwards,  Foy,  Fuller, 
Greenlee,  Grimes,  Hargrove,  Hcnkel,  Hicks,  Holmes,  Howard, 
Johnston,  Jones  of  Caldwell,  Lander,  Leak  of  Anson,  Mc- 
Dowell of  Bladen,  McDowell  of  Burke,  McDowell  of  Madi- 
son, McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares, 
Miller,  Moody,  Moseley,  Patterson,  Penland,  Phifer,  Reid, 
Rhodes,  Royster,  Shaw,  Stewart,  Strong,  Sutherland,  Thomas 
of  Jackson,  Thompson,  Thornton,  Tracy,  Turner,  Venable, 
Ward,  Williams,  Winslow,  Woodfin  and  Wooten — 57.     . 

For  Mr.  Davis — Messrs.  Ashe,  Batchelor,  Battle  of  Edge- 
combe, Biggs,  Brodnax,  Brown,  Bunting,  Caldwell,  Carson, 
Councill,  Craige,  Cunningham,  Darden,  Dillard,  Durham,  Ed- 
wards, Foy,  Fuller,  Greenlee,  Grimes,  Henkel,  Holmes,  Hous- 
ton of  Union,  HoAvard,  Johnston,  Jones  of  Rowan,  Lander, 
McDowell  of  Bladen,  McDowell  of  Burke,  McDowell  of  Mad- 
ison, McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares, 
Miller,  Moody,  Moseley,  Myers,  Patterson,  Penland,  Phifer, 
Rayner,  Reid,  Rhodes,  Royster,  RufRn,  Shaw,  Shipp,  Smith  af 
Halifax,  Stewart,  Strong,  Sutherland,  Thomas  of  Jackson, 
Thompson,  Venable,  Ward,  Williams,  Williamson,  Winsolw, 
Woodfin  and  Wooten — 59. 

For  Mr.  Brown — Messrs.  Allison,  Armfield,  Arrington, 
Badger,  Barnes,  Battle  of  Wake,  Berry,  Bond,  Brodnax,  Cal-' 
loway,  Cannon,  Davidson,  Dick,  Douthitt,  Eller,  Ellison,  Fere- 
bee,  Gilmer,  Gorrell,   Graham,   Headen,   Holden,    Houston  of 


120  JOURNAL  OF  THE  [June  18, 

Union,  Jones  of  Rowan,  Joyce,  Leak  of  Richmond,  Long, 
Mann,  Merritt,  Mitchell,  Myers,  Pettigrew,  Rufiin,  Sanders, 
Sattcrthwaite,  Smith  of  Halifax,  Smith  of  Johnston,  Smith  of 
Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Sprnill  of  Tyrrell, 
Walton,  Warren,  Williamson  and  Wilson — 47. 

For  Mr.  Miller — Messrs.  Allison,  Armfield,  Arrington, 
Badger,  Barnes,  Battle  of  Wake,  Berry,  Bond,  Brown,  Callo- 
way, Cannon,  Davidson,  Dick,  Douthitt,  Eller,  Ellison,  Fere- 
bee,  Foster  of  Ashe,  Gilmer,  Graham,  Headen,  Hicks,  Holden, 
Jones  of  Caldwell,  Joyce,  Leak  of  Richmond,  Long,  Mann, 
Merritt,  Mitchell,  Pettigrew,  Sanders,  Shaw,  Smith  of  John- 
ston, Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Bertie, 
Spruill  of  Tyrrell,  Turner,  Warren  and  Wilson — 42. 

Messrs.  Foster  of  Ashe,  Hargrove,  Rayner,  Washington  and 
Whitford,  voted  for  Hon.  Thomas  Bragg. 

Messrs.  Leak  of  Anson,  Satterthwaite  and  Washington,  voted 
for  Hon.  William  A.  Graham. 

Mr.  Brown  voted  for  Wm.  Eaton,  Jr.,  Esq. 

Mr.  Gorrell  voted  for  Hon.  John  M.  Morehead. 

Mr.  Thornton  voted  for  Hon.  H.  M.  Shaw. 

Mr.  Tracy  voted  for  George  Howard,  Jr.,  Esq. 

Mr.  Walton  voted 'for  Kenneth  Rayner,  Esq. 

The  tellers  reported  that  there  were  one  hundred  and  nine 
votes  given,  and  that  George  Davis  and  William  W.  Avery, 
having  each  received  a  majority  thereof,  were  duly  elected,  in 
which  report  the  Convention  concurred. 

The  Convention  then  proceeded  to  the  election  of  delegates 
for  the  several  districts,  as  follows : 

For  the  First  District: 

Mr.  Pettigrew  nominated  Wm.  N.  H.  Smith,  of  Hertford. 

Mr.  Ashe  nominated  Richard  H.  Smith,  of  Halifax. 

Messrs.  Barnes  and  Strong  superintended  the  election. 

For  Wm.  N.  H.  Smith — Messrs.  Allison,  Armfield,  Badger, 
•Barnes,  Batchelor,  Battle  of  Wake,  Berry,  BorKi,  Brodnax, 
Brown,  Bunting,  Calloway,  Cannon,  Carson,  Council,  Cunning- 
ham, Darden,  Davidson,  Dick,  Douthitt,  Durham,  Eller,  Ellison, 


1861.]  STATj:   CONVENTrON.  121 

Ferebee,  Foster  of  Ashe,  Fuller,  Gilmer,  Crorroll,  Graham, 
Headen,  Henkel,  Hicks,  HoUlen,  Houston  of  Union,  Jones  of 
Rowan,  Joyce,  Lander,  Leak  of  Anson,  Leak  of  Richmond, 
Long,  Mann,  McDowell  of  Bladen,  McNeill  of  Harnett,  Mcr- 
ritt,  Miller,  Mitchell,  Moody,  I\Ioselcy,  Myers,  Patterson,  Pet- 
tigrew,  Phifer,  Rhodes,  Sanders,  Satterthwaite,  Shipp,  Smith 
of  Halifax,  Smith  of  Johnston,  Smith  of  Macon,  Sprouse, 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Stewart,  Strong,  Suther- 
land, Tracy,  Turner,  Venahle,  Walton,  Ward,  AVorren,  Wash- 
ington, Williamson,  Wilson  and  Wjjodfin — 76. 

For  Richard  H.  Smith — Messrs.  Ashe,  Battle  of  Edge- 
combe, Biggs,  Caldwell,  Craige,  Dillard,  Edwards,  Foy,  Green- 
lee, Grimes,  Holmes,  Howard,  Johnston,  Jones  of  Caldwell, 
McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of  Cum- 
berland, Meares,  Penland,  Reid,  Royster,  Ruffin,  Thompson, 
Thornton,  Whitford,  Williams,  Winslow  and  Wooten — 28. 

Mr.  Hargrove  voted  for  H.  M.  Shaw. 

Mr.  Rayner  voted  John  Pool. 

Mr.  Shaw  voted  for  Wm.  F.  Martin. 

Mr.  Thomas,  of  Jackson,  voted  for  Kenneth  Rayner. 

The  tellers  reported  that  108  votes  had  been  given,  and  that 
Wm.  N.  II.  Smith  had  received  a  majority  thereof,  and  was  duly 
elected,  in  which  report  the  Convention  concurred. 

For  thk  Second  District  : 

Mr.  Thompson  nominated  Thomas  Ruffin^  of  Wayne. 

Mr.  Foy  nominated  George  Green,  of  Craven. 

Mr.  W^ashington  nominated  Wm.  B.  Rodman,  of  Beaufort. 

Messrs.  Barnes  and  Strong  again  supe^'intendcd  the  election. 

For  Mr.  Ruffin — Messrs.  Ashe,  Batchelor,  Battle  of  Edge- 
combe, Biggs,  Bunting,  Caldwell,  Carson,  Craige,  Cunningham, 
Darden,  Dillard,  Durham,  Edwards,  Foster  of  Ashe,  Greenlee, 
Hargrove,  Henkel,  Hicks,  Holmes,  Houston  of  Union.  Howard, 
•lohnston.  Lander,  Leak  of  Anson,  Leak  of  Richmond,  Mc- 
'  Dowell  of  Bladen,  McDowell  of  Burke,  McDowell  of  Madison, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares,  Merritt, 
Moody,  Myers,  Patterson,  Penland,  Phifer,  Reid,  Rhodefj 
16 


122  JOUrvNAL   OF   THE  [June  IS, 

Roystcr,  Ruffiu,  Shaw,  Smith  of  Halifax,  Stewart,  Strong, 
Sutherland,  Thomas  of  Jackson,  Thompson,  Thornton,  "Tracy, 
Tuner,  Vcnablc,  Ward,  Williams,  Winslow,  Woodfin  and  Woo- 
ten— 50. 

For  Mr.  Green — Messrs.  Allison,  Armfield,  Arrington, 
Badger,  Barnes,  Battle  of  Wake,  Berry,  Bond,  Brodnax, 
Brown,  Calloway,  Cannon,  Council,  Davidson,  Dick,  Douthitt, 
Eller,  Ellison,  Fercbec,  Foy,  Gilmer,  Gorrell,  Graham,  Headen, 
Holden,  Jones  of  Caldwell,  Jones  of  Rowan,  Joyce,  Long,  Mann, 
Miller,  Mitchell,  Pettigrew,  Sanders,  Shipp,  Smith  of  Johnston, 
Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of 
Tyrrell,  Walton,  Warren,  Whitford,  Williamson  and  Wilson — 4G. 

For  Mr.  Rodman — Messrs.  Grimes,  Rayner,  Satterthwaite 
and  Washington — 4. 

The  tellers  reported  that  108  votes  had  been  given,  and  that 
Thomas  Ruffin  having  received  a  majority  thereof,  was  duly 
elected,  in  which  report  the  Convention  concurred. 

Fon  THE  Tpiird  District: 

Mr.  Moseley  nominated  Thomas  D.  McDowell,  of  Bladen. 

Mr.  McNeill,  of  Harnett,  nominated  Walter  F.  Leak,  of  Rich- 
mond. 

Messrs.  Strong  and  Barnes  again  superintending. 

For  Mr.  McDowell — Messrs.  Ashe,  Batchelor,  Battle  of 
Edgecombe,  Biggs,  Bunting,  Caldwell,  Carson,  Craige,  Cun- 
ningham, Darden,  Dillard,  Durham,  Foy,  Fuller,  Grimes,  Har- 
grove, Henkel,  Holmes,  Howard,  Johnston,  Jones  of  Caldwell, 
Jones  of  Rowan,  Lander,  McDowell  of  Burke,  McDowell  of 
Madison,  McNeill  of  Cumberland,  Meares,  Merritt,  Mosele^'-, 
Patterson,  Pcnland,  Phifer,  Reid,  Rhodes,  Royster,  Ruffin, 
Shaw,  Shipp,  Stewart,  Strong,  Thomas  of  Jackson,  Thompson, 
Thornton,  Tracy,  Vonablc,  Ward.  Whitford,  Williams,  Wins- 
low,  Woodfin  and  Wootcn — 51. 

For  Mr.  Leak — Messrs.  Allison,  Armfield,  Arrington,  Bad- 
ger, Barnes,  Battle  of  Wake,  Berry,  Bond,  Brodnax,  Brown, 
Calloway,  Cannon,  Councill,  Davidson,  Dick,  Douthitt,  Eller, 
Ellison,  Ferebee,  Poster  of   Ashe,   Gilmer,  Gorrell,  Graham, 


1861.]  STATE   CONVENTION.  123 

Headeii,  llickti,  Holdeii,  Houston  of  Union,  Joyce,  J^eak  of 
Anson,  Long,  Maun,  McNeill  of  Harnett.  Miller,  Moody,  Myers, 
Pcttigrew,  Sanders,  Smith  of  Johnston,  Smith  of  Macon,  Speed, 
Sprouse,  Spruill  of  Bertie,  Spi'uill  of  Tyrrell,  Sutherland^ 
Turner,  Walton,  Warren,  Washington,  Williamson  and  Wil- 
son— 51. 

Messrs.  Kayner  and  Smith,  of  Halifax,  voted  for  Walter  L. 
Steele. 

Messrs.  McDowell,  of  Bladen,  and  Satterthwaite  voted  for 
Thomas  D.  Meares. 

Mr.  Leak,  of  Kichmond,  voted  for  Wni.  B.  Cole. 

The  tellers  reported  that  107  votes  had  been  given,  and  that 
no  person  had  received  a  majority  thereof,  and,  therefore,  there 
vas  no  election. 

The  Convention  voted  again  for  deputy  for  the  third  district, 
MS  follows  : 

For  Mr.  McDowell— Messrs.  Ashe,  Butchelor,  Battle  of 
Edgecombe,  Biggs,  Brodnax,  Bunting,  Caldwell,  Carson,  Craige. 
Cunningham,  Darden,  Dillard,  Durham,  Foy,  Fuller,  Grimes, 
Hargrove,  Hcnkel,  Holmes,  Howard,  Johnston,  Jones  of  Cald- 
well, Jones  of  RoAvan,  Lander,  McDowell  of  Burke,  McDowell 
of  Madison,  McNeill  of  Cumberland,  Mearcj^,  Merritt,  Moseley, 
Patterson,  Penland,  Phifer,  Reid,  Rhodes,  Royster,  Ruffin, 
Shaw,  Shipp,  Smith  of  Halifax,  Stewart,  Strong,  Thomas  of 
Jackson,  Thompson,  Thornton,  Tracy,  Venable,  Ward,  Whit- 
ford,  Williams,  Winslow,  Woodfm  and  Wootcn — 53. 

For  Mr.  Leak — S:Iessrs.  Allison,  Aimfield,  Arrington, 
Badger,  Barnes,  Battle  of  Wake,  Berry,  Bond,  Brown,  Cal- 
loway, Cannon,  Councill,  Davidson,  Dick,  Douthitt,  Eller, 
Ellison,  Ferebee,  Foster  of  Ashe,  Gilmer,  Gorrell,  Graham, 
Greenlee,  Headen,  Hicks,  Holden,  Houston  of  Union,  Joyce, 
Leak  of  Anson,  Mann,  McNeill  of  Harnett,  Miller,  Moody, 
Myers,  Pettigrew,  Sanders,  Smith  of  Johnston,  Smith  of  Macon, 
"peed,  Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrrell,  Suther- 
and,  Turner,  Walton,  Warren,  Washington  and  Wilson— 49. 

Mr.  Satterthwaite  voted  for  Walter  L.  Steele. 


S 


124  JOURNAL   OF   THE  [June  18, 

The  tt'llerb  reported  tiiiit  lO-J  votey  had  been  given,  and  that 
Thomas  D.  McDowell,  having  received  a  majority  thereof,  was 
duly  elected,  in  which  report  the  Convention  concurred. 

For  the  Foukth  District: 

Mr.  Harirrove  nominated  Abraham  W.  Venable,  of  Granville. 

Mr.  Foy  nominated  x\rchibald  11.  Arrington,  of  Nash. 

Messrs.  Barnes  and  Strong  again  superintending  : 

Foe  Mk.  Venable — Messrs.  Ashe,  Berry,, Biggs,  Brodnax, 
Bunting,  Caldwell,  Carson,  Craige,  Cunningham,  Darden,  Dil- 
lard,  Durham.  Edwards,  Fuller,  Greenlee,  Grimes,  Hargrove, 
Henkel,  Holmes,  Houston  of  Union,  Howard,  Johnston,  Jones 
of  Rowan,  Lander,  Leak  of  Anson,  McDowell  of  Bladen,  Mc- 
Dowell of  Burke,  McDowell  of  Madison,  McNeill  of  Cumber- 
land, McNeill  of  Harnett,  Miller,  Moody,  Moseley,  Myers, 
Penland,  Phifer,  Reid,  Rhodes,  Royster,  Ruffin,  Shaw,  Shipp. 
Stewart,  Strong,  Sutherland,  Thomas  of  Jackson,  Thomp- 
son, Thornton,  Tracy,  Turner,  Ward,  Winslow,  Woodfin  and 
Wooten — 54. 

For  Mr.  Arrington — Messrs.  Allison,  Armfield,  Badger, 
Barnes,  Batchelor,  Battle  of  Wake,  Bond,  Brown,  Calloway, 
Cannon,  Couucill,  Davidson,  Dick,  Douthitt,  Eller,  Ellison, 
Ferebee,  Fostei-  of  Ashe,  Foy,  Gilmer,  Gorrell,  Graham,  Headen, 
Hicks,  Holden,  Jones  of  Caldwell,  Joyce,  Leak  of  Richmond, 
Long,  Mann,  Merritt,  Mitchell,  Pettigrew,  Sanders,  Satter- 
thwaite,  Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse, 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Walton,  Warren,  Whitford, 
Williams,  Williamson  and  Wilson — 47.   , 

Messrs.  Battle,  of  Edgecombe,  and  Washington,  voted  for 
Thomas  Bragg. 

Mr.  Rayner  voted  tor  Paul  C.  Cameron. 

Mr.  Venable  voted  for  Wm.  A.  Jenkins. 

The  tellers  reported  that  105  votes  were  given,  and  that 
Abraham  W.  Venable  having  received  a  majority  thereof,  Avas 
duly  elected,  in  which  report  the  Convention  concurred. 


1861.]  STATE   CONVENTION.  125 

i  "j;   iJiE  Fifth  Distkict: 
Mr.  Turner  nominated  John  M.  Morehead,  of  Guilford. 
Mr.  Meares  nominated  John  W.  Cunningham,  of  Person. 

Mr.  Sanders  nominated  Edwin  G.  Reade,  of  Person. 

Messrs.  Strong  and  Barnes  again  superintended  the  election. 

For  Mr.  Morehead — Messrs.  Allison,  Arrington,  Badger, 
Barnes,  Battle  of  Wake,  Bond,  Brodnax,  Brown,  Caldwell, 
CalloAvay,  Cannon,  Carson,  Darden,  Davidson,  Dick,  Douthitt. 
Durham,  Eller,  Ferebee,  Foster  of  Ashe,  Foy,  Fuller,  Gilmer, 
Gorrell,  Headen,  Hicks,  Houston  of  Union,  Howard,  Johnston, 
Jones  of  Caldwell,  Jones  of  Rowan,  Joyce,  Lander,  Leak  of 
Anson,  Leak  of  Richmond,  Long,  McNeill  of  Cumberland, 
McNeill  of  Harnett,  Merritt,  Miller,  Myers,  Pettigrew,  Phifcr. 
Rhodes,  Ruffin,  Satterthwaite,  Shipp,  Smith  of  Johnston,  Smitli 
of  Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyr- 
rell, Stewart,  Strong,  Sutherland,  Thomas  of  Jackson,  Tracy, 
Turner,  Walton,  Wairen,  Washington,  Williamson  and  Wil- 
son— 64. 

For  Mb.  Cunningham — Messrs.  Ashe,  Battle  of  Edgecimibc, 
Biggs,  Bunting,  Craige,  Dillard,  Edwards,  Grimes,  Hargrove, 
Henkel,  Holmes,  McDowell  of  Bladen,  McDowell  of  Burke, 
McDowell  of  Madison,  Meare^s,  Moody,  Penland,  Reid,  Roys- 
ter,  Shaw,  Thompson,  Thornton,  Venable,  Ward,  Williams, 
Winslow,  Woodfin  and  Wooten — 29. 

For  Mk.  Reade— Messrs.  Armfield,  Batchelor,  Berry,  Coun- 
cil, Ellison,  Graham,  Greenlee,  Holden,  Mann,  Mitchell,  San- 
ders, Smith  of  Halifax,  and  Whitford — 13. 

Mr.  Rayner  voted  for  Montfort  McGehee. 

The  tellers  reported  that  107  votes  had  been  given,  and  that 
John  M.  Morehead  having  received  a  majority  thereof,  was 
duly  elected,  in  which  report  the  Convention  concurred. 

The  hour  therefor  having  now  arrived,  the  Convention  took 
a  recess  until  4  o'clock,  P.  M. 


t 


126  JOURNAL  OF  THE  [June  18, 

'  4  O'clock,  P.  M. 

The  Convention  having  ic-asseinblcd,  proceeded  to  the  elec- 
tion of  deputy  to  the  Confederate  Congress 

For  the  Sixth  District  : 

Mr.  Armficld  nominated  llichard  C.  Purycar,  of  Yadkin. 

Mr.  McDowell,  of  Burke,  nominated  Rufus  L.  Patterson,  of 
Forsythe. 

Messrs.  Foy  and  Kittrell  were  appointed  to  superintend  the 
^election. 

For  Mr.  Puryear — Messrs.  Allison,  Armfield,  Arrington, 
Badger,  Barnes,  Battle  of  Wake,  Bond,  Brodnax,  BroAvn,  Cal- 
loway, Cannon,  Davidson,  Dick,  Douthitt,  Eller,  Foster  of 
Ashe,  Foy,  Gilmer,  Gorrell,  Graham,  Headen,  Hicks,  Holdcn, 
Houston  of  Union,  Jonfes  of  Rowan,  Joyce,  Leak  of  Anson, 
Long,  Mann,  McNeill  of  Cumberland,  Merritt,  Mitchell,  Pet- 
tigrew,  Phifer,  RuflSn,  Satterthwaite,  Shipp.  Smith  of  Haliiax, 
Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Spruill 
of  Bertie,  Spruill  of  Tyrrell,  Turner,  Walton,  Warren,  AVash- 
ington,  Whitford,  Williams,  Williamson  and  Winslow — 53. 

For  Mr.  Patterson — Messrs.  Ashe,  Batchelor,  Biggs,  Bunt- 
ing, Caldwell,  Carson,  Councill,  Craige,  Cunningham,  Darden, 
Dillard,  Durham,  EdAvards,  Fuller,  Grimes,  Hargrove,  Henkel, 
Holmes,  Howard,  Jones  of  Caldwell,  Lander,  McDowell  of 
Bladen,  McDowell  of  Burke,  McDowell  of  Madison,  McNeill 
of  Harnett,  Moody,  Moseley,  Myers,  Penland,  Reid,  Rhodes, 
Royster,  Sanders,  Shaw,  SteAvart,  Strong,  Sutherland,  Thomas 
of  Carteret,  Thomas  of  Jackson,  Thompson,  Thornton,  Ti'acy, 
Venable,  Winslow,  Woodfin  and  Wooten — 48. 

The  tellers  reported  that  101  votes  had  been  given,  and 
that  Richard  C.  Puryear,  having  received  a  majority  thereof, 
was  duly  elected,  in  which  report  the  Convention  concurred. 

For  the  Seventh  District: 
Mr.  Lander  nominated  Burton  Craige,  of  Rowan. 
Mr.  Holden  nominated  Wm.  R.  Myers,  of  Mecklenburg. 
Messrs.  Ferebee  and  Lander  were  appointed  to  superintend 
the  election. 


\ 


1861.]  STATE   CONVENTION.  127 

For  Mk.  CRAiaE-JIessis.  Aslic,  Batchelor.  Battle  of  Edge- 
combe B.ggs  Bro-Inax,  burning,  C.Idwell,  Oarson,  CunniL- 
ham,Darde„,DilIard,  Durham,  Edwards.  Foster  of  Ashe  Fov 
Fuller,  Gorrell  Grimes.  Hargrove.  Henkol,  Ilicks,  fldmes; 
Houston  of  Un,on,  Howard,  Johnston,  Jones  of  Caldwell,  Jones 
of  Rowan  Lander.  JleDowell  of  Bladen,  McDowell  of  Burke 
McDowell  o     Madison,  McNeill  of  Cumberlan,!,  McNeill  nf 

R  -T  p,    I     ''''J"""'^'  ^^'"''''^'  P'*<"-™».  P<^"l»'«'.  Phifer, 

Smhh   of"  kV.    '''r'  """""•  ^"»«"-'>'™*''.  Shaw,  Shipp, 
Smith   of    Hahfax,    Sprouse,    Stewart,   Strong,    Sutherland 
Thomas  of  Carteret,  Thonua  of  Jackson,  Thompson,  Thornton, 
iracj,  Turner    Vcnable,  Washington,  Whitford,  Williamson 
«  inslow,  Woodfin  and  Wootcn— 64 

For  Me.  MYERs-Messrs.  Allison,  Armfield,  Arrington. 
Badger,  Barnes,  Battle  of  Wake,  Berry,  Bond,  Brown,  Cal- 
loway, C»non,  CounciU,  Davidson.  Dick,  Douthitt.  Eller 
Ferebce  G.lmcr,  Graham,  Headen,  Holden,  Joyce,  Leak  of 
Anson,  Leak  of  Richmond,  Long,  Mann,  Merritt,' Myers,  Pet- 
tigi-ew    Sanders,   Smith  of  Jackson,  Smith  of  Macon,  Spruill 

soniir"        "      "'  '^■'"'"'   ^^''"■'"-  ''''■"'■•■•"'"''  "''«'" 

Burton  Cra,ge  h.ad  received  a  majority,  .and  was,  therefore, 
duly  elected,  in  which  report  the  Convention  concurred. 

For  the  Eighth  Distrxct: 
Mr.  Calloway  nominated  A.  T.  Davidson,  of  Cherokee. 
Mr.  McDowell,  of  Madison,  nominated  N.  W.  Woodfin  of 
inincombe. 

Mess.^.  Lander  and  Ferebee  again  superintended  the  election. 

For  Me.  DAviosoN-Mcssrs.  Allison,  Armfield,  Arrington 
Badger,  Barnes,  Battle  of  Wake,  Berry,  Bond,  Brodnax,  Brown,' 
Calloway,  Cannon,  CounciU,  Dick,  Douthitt,  Eller,  Ferebee 
Foster  of  Ashe,  Foy,  Gilmer,  Gorrell,  Graham,  HeadlrHo t 
den,  Houston  of  Union,  Jones  of  Caldwell,  Jones  of  Kowan, 
Joyce,  Leak  of  Anson.  Leak  of  Richmond,  Long,  Mann,  Mc- 
Ne.ll  of  Harnett,  Merritt,  Mitchell.  .Myers,  Pettigrew.  Rhodes. 


128  JOURNAL   OF   THE  [Jinr  IH. 

Sanders,  Satterthwaitc,  Sliipp,  Smitli  of  Halifax,  Smith  of 
Johnston,  Smith  of  Macon,  Speed,  Sprousc,  Spruill  of  Bertie, 
Spruill  of  Tyrrell,  Thomas  of  Carteret,  Walton,  Warren,  Wliit- 
ford,  Williams^  Williamson  and  Wilson — 55. 

For  Mr.  Woodfin — Messrs.  Ashe,  Batchelor,  Battle  of 
Edgecomb^,  Biggs,  Bunting,  Caldwell,  Carson,  Craige,  Cun- 
ningham, Darden,  Dillard,  Durham,  EdAvards,  Fuller,  Hargrove, 
Henkel,  Hicks,  Holmes,  Howard,  Johnston,  Lander,  McDowell 
of  Bladen,  McDowell  of  Burke,  'McDoavcU  of  Madison,  Mc- 
Neill of  Cumberland,  Miller,  Moody,  Moseley,  Patterson,  Pen- 
land,  Phifer,  Reid,  Royster,  Ruffin,  Shaw,  Stewart,  Strong, 
Sutherland,  Thomas  of  Jackson,  Thompson,  Thornton,  Tracy, 
Turner,  Venable,  Washington,  Winslow  and  Wooten — 47. 

The  tellers  reported  that  102  votes  had  been  given,  and  that 
Allen  T.  Davidson  having  received  a  majority  thereof,  was  duly 
elected,  and  in  this  report  the  Convention  concurred. 

And  so,  the  first  Representatives  of  the  State  of  North  Caro- 
lina, in  the  Congress  of  the  Confederate  States  of  America, 
are,  Messrs.  George  Davis,  William  W.  Avery,  William 
N.  H.  Smith,  Thomas  Ruffin,  Thomas  D.  McDowell,  Abra- 
ham W.  V'enable,  John  M.  Morehead,  Richard  C.  Pur- 
year,  BuRioN  Craige  and  Allen  T.  Davidson. 

On  motion,  the" Convention  then  proce'eded  to  the  election  of 
three  commissioners  of  the  Board  of  Claims. 

The  following  gentlemen  were  put  in  nomination : 

By  Mr.  Satterthwaite,  B.  F.  Moore,  of  Wake. 

By  Mr.  Spruill,  of  Bertie,  Patrick  H.  Winston,  of  Bertie. 

By  Mr.  Graham,  Samuel  F.  Phillips,  of  Orange. 

By  Mr.  Smith,  of  Macon,  II.  B.  Vance,  of  Buncombe. 

By  Mr.  Ruffin,  John  H.  Dillard,  of  Rockingham. 

By  Mr.  Lander,  Vardry  A.  McBee,  of  Lincoln. 

By  Mr.  Myers,  Thomas  A.  Aslie,  of  Anson. 

By  Mr.  Long,  John  Manning,  Jr.,  of  Chatham. 

By  Mr.  Biggs,  John  Norfleet,  of  Edgecombe. 

By  Mr.  Calloway,  Samuel  F.  Patterson,  of  Caldwell. 

By  Mr.  McDowell,  of  Bladen,  J.  J.  B.  Batchelor,  of  Warren, 

By  Mr.  Moseley,  Patrick  Murphy,  of  Sampson. 


i86l]  stATE    CONVENTIOK.  120 

By  Mr.  Kittrelf,  M.  B.  Lanier,  of  Granville. 
'  By  Mr.  McDowell,  of  Burke,  J.  J.  Erwin,  of  Burke. 
Messrs.  Kittrol]  niul  Foy  were  appointed  to  superintend  tlio 
election. 

:.  For  Mr.  Moork— Messn-s.    Allison,    Armfield,    Arrington, 
Badger,    Berry,   Bond,  Brodnax,  Brown,  Caldwell,  Calloway, 
Cannon,  Carson,  Davidson,  Douthitt,  Eller,  Ferebee,  Foster  of 
Ashe,  Foy,  Gorrell,  Graham,  Greenlee,  Grimes,  Ilicks,  Holden, 
Jones  of  Caldwell,  Jones  of  Rowan,   Leak  of  Anson,  Leak  of 
Richmond,  Mann,  Mitchell,  Pettigrcw,  Rayner,  Ruffin,  Sanders, 
Satterthwaite,  Smith  of  Halifax,  Smith  of  Jonhston,  Smith  of 
Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Thomas  of  Carteret, 
Thornton,  Warren,  Wliitford,  AVilliams,  Wilson  and  Wooten — 48. 
For  Mr.  Winston — Messrs.    Badger,    Barnes,   Batchelor, 
Bond,  Brodnax,  Cannon,  Davidson,  Dick,   Douthitt,  Durham, 
Ferebee,  Foy,  Fuller,  Gilmer,  Gorrell,  Jones  of  Caldwell,  Leak 
of  Anson,  Mann,  McNeill  of  Harnett,  Meares,  Miller,  Myers, 
Pettigrew,  Rayner,  Satterthwaite,  Smith-of  Johnston,  Smith  ol' 
Macon,   Speed,   Spruill  of  Bertie,   Spruill  of  Tyrrell,   Strong, 
Sutherland,  Tracy,  Walton,  Warren,  Whitford  and  Williams— 37. 
For  Mr.  Vance  -Messrs.  Councill,  Davidson,  Hicks,  Mc- 
Dowell of  Madison,  Penland,  Shipp,  Smith  of  Johnston,  Smith 
of  Macon,  Sprouse,  Turner  and  Woodfin — 11. 

For  Mr.  Dili.ard — Messrs.  Biggs,  Brodnax,  Brown,  Cun- 
ningham, Darden,  Dick,  Dillard,  Edwards,  Foster  of  Ashe, 
Gorrell,  Greenlee,  Hargrove,  Johnston,  Joyce,  Long,  McNeill 
of  Cumberland,  Mitchell,  Moody,  Reid,  Royster,  Ruffin,  Shaw, 
Venable,  Washington,  Williamson  and  Wilson — 26. 

For  Mr.  McBee— Messrs.  Caldwell,  Carson,  Craige,  Dur- 
ham, Graham,  Henkel,  Johnston,  Lander,  McDowell  of  Burke, 
Meares,  Miller,  Patterson.  Penland.  Reid,  Satterthwaite,  Stew- 
art and  Tracy — 17. 

For  Mr.  AsiiE—Messrs.  Ashe,  Barnes,  Bunting,  Cunning- 
ham, Dillard,  Holmes,  Houston  of   Union,   Howard,  Jones  of 
Rowan,  Leak  of  Anson,  Leak  of  Richmond,  McDowell  of  Bla- 
den, McNeill  of  Harnett,  Moody,  Myers,  Pettigrew.  Rovster, 
17 


130  ..JOURNAL   OF   THK  [.Irvi:  IS, 

Ruffin,   Sliipp,  Spruill  of  Bertie,  Sutherland,  Venable,  Walton 
and  Washington — 24. 

For  Mr.  Manning — Messrs.  Armfield,  Arrington,  Battle  of 
Wake,  Brown,  Dick,  Gilmer,  Headen,  Holden,  Joyce,  Kittrell, 
Long,  Mann,  Merritt,  Smith  of  Halifax,  Thomas  of  Carteret, 
Turner  and  Warren — 17. 

For  Mr.  Phillips — Messrs.  Allison,  Armfield,  Badger, 
Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Biggs,  Bond, 
Cannon,  Carson,  Barden,  Durham,  Eller/Ferebee,  Foy,  Fuller, 
Graham,  Grimes,  IIea(Jen,  Hicks,  Holden,  Houston  of  Union, 
Howard,  Jones  of  Rowan,  Lander,  Long,  Merritt,  Miller,  My- 
ers, Rayner,  Sandeis,  Shipp,  Speed,  Sprouse,  Spruill  of  Tyrrell, 
Stewart,  Strong,  Thomas  of  Carteret,  Tracy,  Walton,  William- 
son and  Wooten — 42. 

For  Mr.  Norfleet — Messrs.  Barnes,  Battle  of  Edgecombe, 
Biggs,  Bunting,  Craige,  Darden,  Hargrove,  Houston  of  Union. 
Howard,  Moody,  Rhodes,  Shaw,  Thompson,  Thornton  and  Wil- 
liamson— 16. 

For  Mr.  Patterson — Messrs.  Allison,  Caldwell,  Calloway, 
Councill,  Edwards,  Eller,  Foster  of  Ashe,  Gilmer,  Greenlee, 
Jones  of  Caldwell,  Joyce,  Kittrell,  McDowell  of  Burke,  Mc- 
Dowell of  Madison,  Mitchell,  Mosoley,  Penland,  Rhodes,  Stew- 
art and  Wilson — 20. 

For  Mr.  Batchelor — Messrs.  Arrington,  Ashe,  Batchelor, 
Battle  of  Edgecombe,  Battle  of  AVake,  Dillard,  Edwards, 
Fuller,  Grimes,  Holmes,  Lander,  Leak  of  Richmond,  McDowell 
of  Bladen,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares, 
Meritt,  Moseley,  Patterson,  Reid,  Royster,  Sanders,  Shaw, 
Smith  of  Halifax,  Spruill  of  Bertie,  Strong,  Sutherland,  Thomp- 
son, Thornton,  Turner,  Whitford,  Williams  and  Woodfin — 33. 

Fob  Mr.  Murphy — Messrs.  Ashe,  Batchelor,  Bunting,  Qald- 
well,  Calloway,  Cunningham,  Hargrove,  Hcnkcl,  Holmes,  Mc- 
Dowell of  Bladen,  McNeill  of  Cumberland,  Moseley,  Patterson, 
Rhodes,  Thompson,  Venable,  Washington  and  Wooten — 17. 

For  Mr.  Lanier — Messrs.  Berry,  Douthitt,  Headen  and 
Kittrell — 4. 

For  Mr.  Erwin — Messrs.  Craige,  Henkel,  Johnston,  Mc- 
Dowell of  Burke,  McDowell  of  Madison,  and  Woodfin — 6. 


1861.]  STATE   CONVENTION.  131 

The  tellers  repoiLcd  that  104  vottis  had  been  given,  and  that 
no  person  having  received  a  majority  thereof,  there  was  no 
election,  in  which  report  the  Convention  concurred. 

The  Convention  then  proceeded  to  the  election  a  second 
time,  as  follows : 

For  Mr.  Moore — Messrs.  Allison,  Armlield,  Arrington, 
Batchelor,  Berry,  Bond,  Brodnax,  Brown,  Calloway,  Cannon, 
Carson,  Councill,  Cunningham,  Darden,  Douthitt,  Eller,  Elli- 
son, Ferebee,  Foster  of  Ashe,  Foy,  Gilmer,  Gorrell,  Graham, 
Greenlee,  Grimes,  Hicks,  Ilolden,  Jones  of •  Caldwell,  Jones  of 
Rowan,  Joyce,  Kittrell,  Leak  of  Anson,  Leak  of  Richmond, 
Mann,  McNeill  of  Harnett,  iMitchell,  Myers,  Pettigrew,  Rayner, 
Rhodes,  Ruffiu,  Senders,  Sattcrthwaite,  Smith  of  Halifax. 
Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Thomas 
of  Carteret,  Tiiorntun,  Traev,  Turner.  ^Yalton.  Whitford, 
Williams  and  Wilson — 5G. 

For  Mr..  Winston — Messr.<.  Arrington,  Badger,  Barnes, 
Batchelor,  Berry,  Biggs,  I>ond,  Brodnax,  Brown,  Cannon, 
Councill,  Dick,  Douthitt,  Durham,  Ferebee,  Foster  of  Ashe, 
Foy,  Fuller,  Gilmer,  Gorrell,  Hicks,  Holden,  Houston  of  Union, 
Jones  of  Gaston,  Leak  of  Anson,  Long,  Mann,  Meares,  Mer- 
ritt.  Miller,  Moody,  Pettigrew,  Rayner,  Shaw,  Shipp,  Smith  of 
Halifax,  Smith  of  Johnston,  Smith  of  Macon,  Speed,  Spruill 
of  Bertie,  Spruill  of  Tyrrell,  Strong,  Sutherland,  Thomas  of 
Carteret,  Tracy,  Turner,  Venable,  Walton,  Washington,  Whit- 
ford and  Williams — 51. 

For  Mr.  Phillips — Messrs.  Allison,  Armfield,  Badger, 
Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Biggs,  Bunting, 
Caldwell,  Cannon,  Carson,  Darden,  Davidson,  Dick,  Douthitt, 
Durham,  Edwards,  Eller,  Ellison,  Foy,  Fuller,  Gorrell,  Graham, 
Grimes,  Headen,  Hicks,  Holmes,  Howard,  Johnston,  Jones  of 
Rowan,  Kittrell,  Lander,  Long,  Merritt,  Miller,  Patterson, 
Rayner,  Royster,  Sanders,  Sattcrthwaite,  Speed,  Sprouse,  Stew- 
art, Strong,  Thomas  of  Carteret,  Turner,  Washington,  AVil- 
liamson  and  Wooten — 49. 

For  Mk.  Batchelor— Messrs.  Arrington,  Batchelor,  Battle 
of  Edgecombe,  Battle  of  Wake,  Bond,  Bunting,  Calloway,  Dar- 


132  JOURNAL   OF   THE  [Juke  13, 

den,  Dillard,  Edwards,  Feyebee,  Fuller,  Grimes,  Hargrove, 
Holden,  Holmes,  Houston  of  Union,  Lander,  Leak  of  Rich- 
mond, McDowell  of  Bladen,  McNeill  of  Cumberland,  McNeill 
of  Harnett,  Meares,  Merritt,  Moody,  Moseley,  Reid,  Rhodes, 
Royster,  Sanders,  Shaw,  Smith  of  Halifax,  Smith  of  Johnston, 
Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrrell,  Stewart,  Strong, 
Sutherland,  Thompson,  Thornton,  Walton,  Whitford,  Williams, 
Williamson,  Woodfin  and  Wooten — 46. 

For  Mr.  Ashe — Messrs.  Barnes,  Battle  of  Wake,  Bunting, 
Caldwell,  Craige,  Cunningham,  Dillard,  Edwards,  Ellison, 
Headen,  Henkel,  Holmes,  Houston  of  Union,  Howard,  Jones 
of  RoAvan,  Leak  of  Anson,  Leak  of  Richmond,  McNeill  of 
Cumberland,  Moody,  Myers,  Pettigrew,  Ruffin,  Shipp,  Spruill 
of  Tyrrell,  Sutherland,  Washington  and  Wooten — 27. 

For  Mr.  Patterson — Messrs.  Allison,  Calloway,  Councill, 
EUer,  Foster  of  Ashe,  Gilmer,  Graham,  Greenlee,  Jones  of 
CaldAvell,  Joyce,  Mann,  McDowell  of  Burke,  McDowell  of 
Madison,  Miller,  Mitchell,  Moseley,  Rhodes,  Smith  of  Macon, 
Wilson  and  Woodfin — 20. 

For  Mr.  McBee — Messrs.  Barnes,  Carson,  Craige,  Durham, 
Hargrove,  Henkel,  Howard,  Johnston,  Lander,  McDowell  of 
Bladen,  McDowell  of  Burke,  McDowell  of  Madison,  Meares, 
Patterson,  Penland,  Reid,  Satterthwaite,  Shipp,  Spruill  of 
Bertie,  Stewart,  Thompson,  Tracy,  Yenable  and  Woodfin — 24. 

For  Mr.  Dillard — Messrs.  Batchelor,  Battle  of  Edgecombe, 
Biggs,  Brodnax,  Brown,  Caldwell,  Craige,  Cunningham,  Dar- 
den,  Davidson,  Dick,  Dillard,  Greenlee,  Hargrove,  Headen, 
Henkel,  Johnston,  Joyce,  Kittrell,  Long,  McDowell  of  Burke, 
McDowell  of  Madison,  McNeill  of  Cumberland,  McNeill  of 
Harnett,  Mitchell,  Moseley,  Patterson,  Penland,  Reid,  Royter, 
Ruffin,  Shaw,  Thompson,  Thornton,  Venable,  Williamson  and 
Wilson — 37. 

Messrs.  Erwin,  Murphy,  Lanier,  Manning,  Norfieet  and 
Vance,  had  been  withdrawn  before  the  vote  was  taken. 

The  tellers  reported  that  104  votes  had  been  given,  and  that 
B.  F.  Moore,  having  received  a  majority  thereof,  was  duly 
elected,  and  in  this  report  the  Convention  concurred. 


•laei.]  STATE   CONA'ENTIOX.  133 

The  CoiivcutioD  then  proceeded  lo  the  election  of  the  remain- 
ing two  Comniibsioners,  the  same  gentlemen  superintending, 
and  the  names  of  Messrs.  Ashe.  McBec  and  Patterson  being 
withdrawn. 

For  Mr.  Winston— Messrs.  Allison,  Armfield,  Arrington, 
Ashe,  Badger,  Barnes,  Batchclur,  Berry,  Biggs,  Bond,  Brod- 
mix.  Brown,  Calloway,  Cannon,  Davidson,  Dick,  Dillard, 
Douthitt,  Durham,  Eller,  Ferebee,  Foster  of  Ashe,  Foy,  Fuller, 
Gilmer,  Hargrove,  Ilenkel,  Ilicks,  Holden,  Houston  of  Union, 
Jones  of  Caldwell,  Jones  of  Rowan,  Leak  of  Anson,  Leak  of 
Ilichmond,  Long,  Mann,  McNeill  of  Harnett,  Meares,  Miller, 
Alitchell,  Moody,  Pettigrew,  Rayner,  Sanders,  Satterthwaito. 
Shipp,  Smith  of  Halifax,  Smith  of  Johnston,  Smith  of  Macon, 
Speed,  Si)rouse,  Spruill  of  Bertie,  Spruill  of  Tyrrel^teuther- 
land,  Thomas  of  Carteret,  Tracy,  Turner,  Venable,  >Valton, 
Whitford,  Williams  and  Woodfin — (t-j. 

For  Mr.  Phillips— Messrs.  Allison,  Armticld,  Badger,  Bat- 
tle of  Edgecombe,  Battle  of  Wake,  Berry,  Bond.  Bunting, 
Colloway,  Cannon,  Carson,  Councill,  Cunningham,  Dardcn, 
Davidson,  Dick,  Douthitt,  Durham,  Edwards,  Eller,  Ellison, 
Foster  of  Ashe,  Foy,  Gilmer,  Gorrell,  Graham,  Grimes,  Headcn, 
Hicks,  Holden,  Holmes,  Houston  of  Union,  Howard,  Johnston, 
Jones  of  Caldwell,  Jones  of  Rowan,  Joyce,  Kittrell,  Lander, 
Leak  of  Anson,  Long,  Mann,  Merritt,  Miller,  Moseley,  Patter- 
son, Pettigrew,  Rayner,  Ruffin,  Sanders,  Satterthwaite,  Shipp, 
Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Strong, 
Thomas  of  Carteret,  Tracy,  Turner,  Walton,  W^ashington,  Wil- 
liamson, Wilson  and  Wooten — 65. 

For  Mr.  Dillard— Messrs.  Biggs,  Brodnax,  Brown,  Car- 1 
son,  Councill,  Craige,  Cunningham,  Dillard,  Gorrell,  Graham, 
Greenlee,  Hargrove,  Henkel,  Holmes,  Johnston,  Joyce,  Kit- 
trell, McDowell  of  Bladen,  McDowell  of  Burke,  McDowell  of 
Madison,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares, 
Mitchell,  Patterson,  Pcnland,  Reid,  Rhodes,  Royster,  Ruffin, 
Shaw,  Spruill  of  Bertie,  Stewart,  Thompson,  Thornton,  Vena- 
ble,  Washington,  AVilliamson  and  AVilson — 39. 


134  JOURNAL   OF   THE  [June  19,' 

l^OR  Mr..  Baicjielou — Mosbrs.  Amngtun,  Asihe,  Barnes, 
Batclielor,  Battle  of  Edgecombe.  Battle  of  AVake,  Bunting, 
Craigc,  Darden.  Edwards,  Ferebee,  Fuller,  Greenlee,  Grimes, 
Headen  Howard,  Lander,  Leak  of  Richmond,  McDowell  of 
Bladen,  McDowell  of  Burke,  McDowell  of  Madison,  McNeill 
of  Cumberland,  Mcrritt.  Moody,  Mosclcy,  Pcnland,  Reid, 
Rhodes,  Shaw,  Smith  of  Halifax,  Spruill  of  Tyrrell,  Stewart, 
Strong,  Sutherland,  Thompson,  Thornton.  Whitford,  Williams, 
Woodfin  and  Wootcn — 40. 

Foil  Mr.  McBee— Mr.  Ellisun— 1. 

The  tellers  reported  that  Samuel  F.  Phillips  and  Patrick  H. 
Winston,  Jr.,  had  each  received  a  majority  of  the  votes  given, 
and  were,  therefore,  duly  elected,  and  in  this  report  the  Con- 
vention concurred. 

Mr.  Jones,  of  Rowan,  moved  to  reconsider  the  vote  of  yes- 
terday by  which  the  ordinance  relating  to  a  meeting  of  the 
Genera]  Assembly  was  rejected. 

Mr.  Ashe  move<l  that  said  motion  lie  on  the  table,  and  before 
any  decision  thereon, 

On  motion  of  Mr.  Badg-^r,  the  Convention  adjourned. 


IN   CONVENTION,  Wednesday,  June  19,  1861. 

The  President  took  the  chair  and  called  the  Convention  to 
order.  Prayer  by  Rev.  Thomas  E.  Skinner,  of  the  Baptist 
Church. 

The  journal  of  yesterday  was  read  and  approved.  , 

Mr.  Battle,  of  Wake,  from  the  committee  on  Enrollments, 
reported  that  the  following  ordinance  and  resolutions  had  been 
examined  and  found  correct : 

An  ordinance  defining  treasoii  against  the  State. 

A  resolution  in  favor  of  L.  W.  Joyner. 

A  resolution  in  regard  to  flag  of  the  first  regiment  of  N.  C. 
volunteers,  and  the  inscription  thereon. 

Which  were  severally  signed  by  the  President  and  attested 
by  the  Secretaries. 


tL 


.1861.J  STATK    CONVENTION.  ^  i>]., 

Mr.  lluffin  offered  n  resolution  in  regard  to  the  acceptance  of 

cavalry  companies  for  the   war  or   foi-  twelve  months,  which 

passed  its  first  reading. 

w*     Mr.  Smith,  of  Johnston,  from  the  select  committee  to  whom 

^  the  subject  had  been  referred,  reported  an  ordinance  in  relation 

to  oaths  of  fidelity  and  allegiance,  which  passed  its  first  reading,  v 

Mr.  Armfield  offered  a  resolution  asking  information  of  the 
Governor,  as  to  the  removal  of  the  names  of  certain  officers  of 
the  militia  of  Yadkin  county  from  the  militia  rolls  of  the  State, 
which  lies  over  one  day. 

The  resolution  of  Mr.  Gorrell  relating  to  the  printing  the 
Articlesof  War  and  Army  Regulations  of  the  Confederate  States, 
was  then  read  the  third  time,  passed  and  ordered  to  be  enrolled. 

The  resolution  of  Mr.  Thomas,  of  Jackson,  in  regard  to  the 
basis  of  representation,  was  taken  w])  nnd  referred  to  the  com- 
mittee on  Revenue  and  Taxation. 

The  resolution  of  Mr.  Davidson  in  regard  to  the  payment  of 
coupons  on  the  bonds  of  the  State,  held  by  onr  enemies,  was 
referred  to  die  Committee  of  Finance. 

•  The  proposed  amendment  to  the  Rules  of  Order,  by  Mr. 
Battle,  of  Wake,  was  taken  up,  and  the  question  hieing  put 
thereon,  it  was  not  agreed  to. 

The  resolution  fixing  the  compensation  of  the  President  and 
officers  of  the  Convention,  passed  its  third  reading  and  was 
ordered  to  be  enrolled. 

The  resolution  proposing  to  raise  troops  west  of  the  Blue 
Ridge,  for  the  defense  of  that  part  of  the  State  was,  on  motion 
of  Mr.  Biggs,  ordered  to  lie  on  the  table. 

The  resolution  of  Mr.  Battle,  of  Wake,  asking  infelftnation 
of  the,  Gov€fnor  in  regard  to  the  appointments  to  militauy  office, 
was  read  the  second  time,  when  Mr.  Biggs  called  for  the  orders 
of  the  day,  ^he  hour  for  the  consideration  thereof  havino- 
arrived, 

Mr.  Battle,  of  Wake,  moved  to  postpone  the  same,  until  his 
resolution  was  disposed  of,  and  it  was  agreed  to. 

Whereupon.  Mr.  Ruffin  moved  to  amehd  the  resolution  as 
follows:  "And  in  ca.^e  it  is  necessary,  to  enable  the  Governor 


i;;(i        .  lorRNAU   OK    TlfK  |Jikk  V-K 

to  give  this  Dii'dijiKitioii,  lie  .shall  be  autliovized  to  employ  an 
additional  clerk,'  which  was  agreed  to,  and  as  thus  mnended 
the  resolution  was  adopted. 

The  orders  of  the  day  then  coming  up,  Mr.  Batchelor  moved 
to  postpone  the  same,  in  order  to  take  up  the  resolution  of  "Mr. 
Jones,  of  Rowan,  to  re-consider  the  vote  by  Avhich  the  ordi- 
nance relating  to  the  meeting  of  the  General  Assembly  was 
rejected. 

On  this  motion  a  debate  arose,  and  a  question  of  order  Avas 
raised,  whether  parliamentary  law  allowed  a  discussioon  on  a 
motion  to  postpone,  that  the  body  might  consider  a  motion  to 
re-consider  when  there  was  a  pending  motion  to  lay  on  the 
table  the  motion  to  re-consider.  [Sec  proceedings  at  the  close 
of  afternoon  session  of  yesterday.] 

The  President  decided  that  the  motion  to  lay  on  the  table 
was  not  the  motion  now  before  the  Convention,  but  that  it  was 
the  motion  of  the  gentleman  from  Halifax,  (iNIr.  Batchelor,)  to 
postpone  another  subject  in  order  that  the  Convention  might 
consider  the  motion  made  yesterday,  by  the  gentleman  from 
New  Hanover,  (Mr.  Ashe,)  therefore,  it  was  parliamentary  fo 
give  the  reason  why  the  motion  to  postpone  should  prevail,  but 
that  members  should  confine  themselves  to  that,  and  not  dis- 
cuss the  questions  involved  in  the  motion  to  reconsider. 

On  the  motion  to  postpone,  the  ayes  and  noes  were  ordered, 
(m  motion  of  Mr.  Ellison,  and  resulted  in  the  affirmative,  as 
ibllows  : 

Ayes — Messrs.  Allison,"  Armfield,  Arrington, Badger,  Barnes, 
Batchelor,  Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Bond, 
Browiii"  Calloway,  Cannon,  Christian,  Councill,  Davidson,  Dick, 
DoutWtt,  Eller,  Ellison,  Ferebee,  Foster  of  Ashe,  .Gilmer,  Gor- 
rell,  Graham,  Hearne,  Holden,  Houston  of  Unfbn,  Jones  of 
Caldwell,  Jones  of  lloAvan,  Kittrell,  Leak  of  Anson,  Leak  of 
Richmond,  Long,  Mann,  McNeill  of  Harnett,  Merritt,  Myers, 
Penland,  Pettigrew,  Rayner,  Rhodes,  Shipp,  Smith  of  Halif\ix, 
Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Spruill 
of  Tyrrell,  Warren,  "Wiisliington.  WiHianis,  Williamson,  AYilson 
and  Woodfin — 53. 


1861.]  STATE   CONVENTION.  •        1:17 

Noes — Messrs.  Biggs,  Brodnax,  Bunting,  Caldwell,  Carson. 
Craige,  Cunningham,  Darden,  Dillard,  Durham,  Edwards,  Foy, 
Fuller,  Greenlee,  Grimes,  Hargrove,  Headen,  Henkel,  Hick:*, 
Holmes,  Howard,  Johnston,  Lander,  McDowell  of  Bladen. 
McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of  Cum- 
berland, Miller,  Mitchell,  Moody,  Moseley,  Osborne,  Patter- 
son, Reid,  Royster,  Ruffin,  Sanders,  Satterthwaite,  Shaw, 
Spruill  of  Bertie,  Stewart,  Sutherland,  Thomas  of  Carteret, 
Thomas  of  Jackson,  Thompson,  Thornton,  Tracy,  Turner,  Ven- 
able,  Walton  and  Wootcn — 51. 

So  the  motion  prevailed,  and, the  question  now  being,  will  the 
Convention  order  the  motion  to  re-consider  the  ordinance  relat- 
ing to  the  meeting  of  the  General  Assembly,  to  lie  on  the  table  ? 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Ferebee, 
and  resulted  in  tlie  negative,  as  folloAvs  :  * 

Ayes — Messrs.  Ashe,  Battle  of  Edgecombe,  Biggs,  Bunting, 
Caldwell,  Carson,  Craige,  Darden,  Dillard,  Durham,  Edwards, 
Foy,  Greenlee,  Grimes,  Hargrove,  Henkel,  Hicks,  Holmes, 
HoAvard,  Lander,  McDowell  of  Bladen,  McDoAvell  of  Burke, 
McDowell  of  Madison,  McNeill  of  Cumberland,  Miller,  Mitchell. 
Moody,  Moseley,  Osborne,  Patterson,  Reid,  Royster,  Ruffin, 
Satterthw^aite,  ShaAv,  Stewart,  Strong,  Sutherland,  Thomas  of 
Jackson,  Thompson,  Thornton,  Tracy,  Venable  and  Wooten — 42. 

Noes — Messrs.  Allison,  Armfield,  Arrington,  Badger, 
Barnes,  Batchelor,  Battle  of  Wake,  Berry,  Bond,  Brodnax. 
Brown,  Calloway,  Cannon,  Christian,  Councill,  Cunningham, 
Davidson,  Dick,  Douthitt,  Eller,  Ellison,  Ferebee,  Foster  of 
Ashe,  Fuller,  Gilmer,  Gorrell,  Graham,  Headen,  Hearne,  Hol- 
den,  Houston  of  Union,  Johnston,  Jones  of  CaldAvell,  Jones  of 
Rowan,  Kittrell,  Leak  of  Anson,  Leak  of  Richmond,  Long, 
Mann,  McNeill  of  Harnett,  Merritt,  Myers,  Penland,  Petti- 
grew,  Phifer,  Rayncr,  Rhodes,  Sanders,  Shipp,  Smith  of  Hali- 
fax, Smith  of  ^Johnston,  Smith  of  Macon,  Speed,  Sprouse. 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Thomas  of  Carteret, 
Turner,  Walton,  Warren,  Washington,  Williams,  Williamson, 
Wilson  and  Woodfin — (M. 
18 


138  JOURNAL  OF  THE  [June  19, 

The  question  then  recurred  on  the  motion  to  re-consider,  on 
which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Ashe, 
and  resulted  in  the  afifirmative,  as  follows : 

Ayes — Messrs.  Allison,  Arrafield,  Arrington,  Badger,  Batch- 
elor,  Battle  of  Wake,  Berry,  Bond,  Brown,  Calloway,  Cannon,  ^ 
Christian,  Council!,  Cunningham,  Davidson,  Dick,  Douthitt,  • 
Eller,  Ellison,  Ferebee,  Foster  of  Ashe,  Fuller,  Gilmer,  Gorrell, 
Graham,  Headen,  Hearne,  Holden,  Houston  of  Union,  Jones 
of  Caldwell,  Jones  of  Rowan,  Kittrell,  Leak  of  Anson,  Leak 
of  Richmond,  Long,  Mann,  McNeill  of  Harnett,  Merritt,  Myers, 
Pettigrewj  Phifer,  Rayner,  Rhodes,  Sanders,  Shipp,  Smith  of 
Halifax,  Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse, 
Spruill  of  Tyrrell,  Thomas  of  Carteret,  Warren,  Washington, 
Williams,  Williamson  and  Wilson — 57. 

Noes — Messrs.  Ashe,' Barnes,  Battle  of  Edgecombe,  Biggs. 
Brodnax,  Bunting,  Caldwell,  Carson,  Craige,  Darden,  Dillard, 
Durham,  Edwards,  Foy,  Greenlee,  Grimes,  Hargrove,  Henkel, 
Hicks,  Holmes,  Howard,  Johnston,  Lander,  McDowell  of  Bla- 
den, McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of 
Cumberland,  Miller,  Mitchell,  Moody,  Moseley,  Patterson,  Pen- 
land,  Reid,  Royster,  Ruftin,  Satterthwaite,  Shaw,  Spruill  of 
Bertie,  Stewart,  Strong,  Sutherland,  Thomas  of  Jackson,  Thomp- 
son, Thornton,  Tracy,  Turner,  Venablc,  Walton,  Woodfin  and 
Wooten — 51. 

The  Convention  having  agreed  to  re-consider,  the  qnestion 
was.  Shall  tliis  ordinance  pass  its  third  reading  ? 
.    Mr.  Howard  moved  to  amend  the  same  by  adding  a  clause, 
requiring  the  General  Assembly  to  meet  on  the  15th  day  of 
August. 

Pending  the  consideration  of  which,  the  hour  therefor  arrived, 
and  the  Convention  took  a  recess  until  4  o'clock,  P.  M. 


4  O'clock,  P.  M. 
The  Convention  re-asserabled  and  resumed  the  consideration 
of  the  business  pending  at  the  hour  of  recess*,  being  the  amend- 
ment of  Mr,  Howard. 


1861.]  STATE  CONVENTION.  139 

On  this  question  the  ayes  anil  noes  w;ere  ordered,  on  motion 
of  Mr.  Howard,  and  resulted  in  the  adoption  of  the  amend- 
ment, as  follows: 

Ayes— Messrs.  Allison,  Ashe,  Badger,  Batchclor,  Battle  of 
Edgecombe,  Biggs,  Brodnax,  Brown,  Bunting,  Caldwell,  Callo- 
way, Councill,  Craige,  Darden,  Davidson,  DiUard,  Durham, 
Edwards,  Eller,  Ellison,  Gilmer,  Gorrcll,  Greenlee,  Grimes', 
Hargrove,  Henkol,  Hicks,  Holmes,  Howard,  Johnston,  Jones  of 
Kowan,  Lauder,  Leak  of  llichmond,  Mann,  McDowell  of  Burke. 
McDowell  of  Madison,  McNeill  of  Cumberland,  McNeill  of 
Harnett,  Merritt,  Miller,  Mitchell,  Mooily,  Moseley,  Osborne, 
Patterson,  Pcnland,  Pcttigrcw,  Phifer,  Rhodes,  Royster,  Ruffin,' 
.Sanders,  Shaw%  Shipp,  Smith  of  Halifax,  Smith  of  Johnston! 
Smith  of  ]\Iacon,  Speed,  Sprousc,  Spruill  of  Tyrrell,  Strong, 
Sutherland,  Thompson,  Thornton,  Tracy,  Venable,  Walton! 
Williamson,  Wilson  and  Wootcn — TO. 

Noes— Messrs.  Armfield,  Arnngtou,  Battle  of  Wake,  Berry, 
Cannon,  Carson,  Christian,  Cunningham,  Dick,  Douthitt,  Fere- 
bee,  Toy,  Graham,  Hcaden,'  Hearne,  Holden,  Houston  of  Union. 
Jones  of  Caldwell,  Kittrell,  McDowell  of  Bladen,  Rayner,  Sat- 
tcrthwaite,  Thomas  of  Carteret,  Thomas  of  Jackson,  Washing- 
ton, Williams  and  Woodfin — 27. 

The  question  was  then  on  the  final  passage  of  the  ordinance, 
as  amended,  on  which  the  ayes  and  noes  were  ordered,  on  mo- 
tion of  Mr.  Thompson,  and  resulted  in  the  affirmative,  as  fol- 
lows: 

Ayes— Messrs.  Allison,  Armfield,  Arrington,  Badger,  Batchc- 
lor, Battle  of  Wake,  Berry,  Bond,  Brown,  Bunting,  Calloway, 
Cannon,  Christian,  Councill,  Davidson,  Dick,  Douthitt,  Ellcr, 
Ellison,  Ferebee,  Foster  of  Ashe,  Gilmer,  Gorrell,  Graham, 
Headen,  Hicks,  Holden,  Houston  of.  Union,  Howard,  Jones  of 
Caldwell,  Jones  of  Rowan,  Joyce,  Kittrell,  Leak  of  Richmond, 
McNeill  of  Harnett,  Merritt,  Miller,  Mitchell,  Osborne,  Pat- 
terson, Penland,  Pettigrew,  Phifer,  Rhodes,  Sanders,  Shipp, 
Smith  of  HalifVix,  Smith  of  Johnston,  Smith  of  Macon,  Speed, 
Sprouse,  Spruill  of  Bertie.  Spruill  of  Tyrrell,  Strong,  Thomas 
of  Carteret,  AValton,  Warren,  Washington,  Williamson  and 
Wilsoy- 60. 


140  JOURNAL   OF   THE  [Junk  19, 

NoiiS — Medtiis.  Aahe,  Battle  of  .Edgecombe,  Biggs,  Brodnax, 
Caldwell,  Carson,  Craige,  Cunningham,  Darden,  Dillard,  Bur- 
ham,  Edwards,  Foy,  Greenlee,  Grimes,  Hargrove,  Hearne, 
Henkel,  Holmes,  Johnston,  Lander,  McDowell  of  Bladen,  Mc- 
Dowell of  Burke,  McDowell  of  Madison.  McNeill  of  Cumber- 
land, Moody,  Moseley,  Iloyster,  Ruffin,  Satterthwaite,  Shaw, 
Sutherland,  Thomas  of  Jackson,  Thompson,  Thornton,  Tracy, 
Turner,  Venable,  Williams,  Woodfin  tind  Wooten — 40. 

The  ordinance  having  passed  its  tliird  and  last  reading,  was 
ordered  to  be  enrollfed, 

Mr.  Howard  moved  to  re-consider  the  vote  by  which  the  ordi- 
nance passed  its  third  reading,  and  it  was  not  agreed  to. 

On  motion  of  Mr.  Biggs,  the  Convention  proceeded  to  the 
consideration  of  the  resolution  relating  to  the  adjournment  of 
this  body  on  Saturday  next. 

Mr.  Ellison  moved  to  strike  out  the  word  ''next,'  and  insert 
the  words,  "  29th  instant." 

Mr.  Meares  moved  that  the  subject  lie  on  the  table,  on  which 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Biggs,  and 
resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Allison,  Armfield,  Arriugton,  Badger,  Batch- 
elor,  Battle  of  Wake,  Berry,  Bond,  Cannon,  Christian,  David- 
son, Dick,  Douthitt,  Ferebee,  Gilmer,  Gorrell,  Graham,  Hearne, 
Holden,  Houston  of  Union,  Jones  of  Caldwell,  Jones  of  Rowan, 
Joyce,  Kittrell,  Long,  Mann,  McNeill  of  Cumberland,  McNeill 
of  Harnett,  Meares,  Merritt,  Pettigrew,  Rhodes,  Ruffin,  San- 
ders, Shipp,  Sprouse,  Thomas  of  Carteret,  Turner,  Warren, 
Wilson  and  Woodfin — 41. 

Noes — Messrs.  Ashe,  Battle  of  Edgecombe,  Biggs,  Brown, 
Bunting,  Caldwell,  CalT^hvay,  Carson,  Council],  Craige,  Cun- 
ningham, Darden,  Dillard,  Durham,  Edwards,  Eller,  Ellison, 
Foster  of  Ashe,  Foy,  Greenlee,  Grimes,  Hargrove,  Henkel, 
Hicks,  Holmes,  Howard,  Johnston,  Lander,  Leak  of  Richmond, 
McDowell  of  Bladen,  McDowell  of  Bmke,  McDowell  of  Mad- 
ison, Miller,  Mitchell,  Moody,  Moseley,  Osborne,  Patterson, 
Penland,  Rayner,  Royster,  Satterthwaite,  Shaw,  Smith  of  Hal- 
ifax,  Smith  of  Johnston,   Speed,   Spruill  of  Bertie,   Strong, 


1861.]  STATE   CONVENTIOK.  141 

{Sutherland,  Thomas  of  Jackson,  Thompson,  Thornton,  Tracy, 
Venable,  Walton,  Washington,  Williams,  Williamson  and  Woo- 
ten— 59. 

Mr.  Graham  morcd  to  postpone  the  further  consideration  of 
the  subject  until  IHicsday  next,  on  which  motion  the  ayes  and 
noes  were  ordered,  on  motion  of  Mr.  Arnifiold.  and  resulted  in 
the  negative,  as  follows: 

Ayes — Messrs.  Allison,  Armiield,  Arrington,  Badger,  Batch- 
elor,  Battle  of  Wake,  Berry,  Bond,  Cannon,  Christian,  Coini- 
cill,  Davidson,  Dick,  Douthitt,  Ferebcc,  Gilmer,  Gorrell,  Gra- 
ham, Headen,  Holden,  Houston  of  Union,  Jones  of  Caldwell, 
Jones  of  Rowan,  Kittrcll,  Long,  Mann,  McNeill  of  Cumber- 
land, McNeill  of  Harnett,  Meares,  Merritt,  Mitchell,  Petti- 
grew,  Rhodes,  Rnffin,  Sanders,  Shipp,  Smith  of  Halifax,  Smith 
of  Macon,  .Speed,  Sprouse,  Spruill  of  Bertie,  Sprtiill  of  Tyr- 
rell, Thomas  of  Carteret.  Turner,  Warren.  Washington.  Wilson 
and  Woodfin — 48. 

Noes — Messrs.  Ashe,  Battle  of  Edgecombe,  Biggs,  Brown. 
Bunting,  Caldwell,  Calloway,  Carson,  Craige,  Cunningham. 
Darden,  Dillard,  Durham,  Edwards,  Eller,  Ellison,  Foster  of 
Ashe,  Foy,  Fuller,  Greenlee,  Hargrove,  Hearne,  Henkel,  Hicks, 
Holmes,  Howard,  Johnston,  Joyce,  Lander,  Leak  of  Richmond. 
McDowell  of  Bladen,  McDowell  of  Burke,  McDowell  of  Madi- 
son.  Miller,  Moody,  Moseley,  Osborne,  Patterson,  Penland, 
Phifer,  Rayner,  Royster,  Satterthwaite,  Shaw,  Smith  of  John- 
ston, Strong,  Sutherland,  Thomas  of  Jackson,  Thompson. 
Thornton,  Tracy,  Venable,  Walton,  W^illiams,  Williamson  and 
Wooten — 56. 

The  ({uestion  was  then  on  the  aniendiucnt  of  Mr.  Ellison, 
and  on  his  motion  the  ayes  and  noes  were  ordered,  and  resulted 
in  the  negative,  as  follows  : 

Ayes — Messrs.  Allison,  Arrington,  Badger,  Battle  of  Wake, 
Berry,  Bond,  Cannon,  Christian,  Councill,  Davidson,  Dick, 
Eller,  Ellison,  Fuller,  Gilmer,  Graham,  Holden,  Jones  of  Cald- 
well, Jones  of  Rowan,  Joyce,  Kittrell,  Long,  Mann,  McNeill 
of  Cumberland,  McNeill  of  Harnett,  Meares,  Merritt,  Osborne, 
Patterson,  Penland,  Pettigrew,  Rayner,  Rhodes,  RufBn,  Smith 


142  .    JOURNAL   OF  THE  [June  19, 

of  Halifax,  Smith  of  Johiistou,  Smith  of  Macon,  Speed,  Sprouse, 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Thomas  of  Carteret, 
Turner,  Walton,  Warren,  Wilson  and  Woodfin — 47, 

Noes — Messrs.  iVrmfield,  Ashe,  Batchelor,  Battle  of  Edge- 
combe, Biggs,  Brodnax,  Brown,  Bunting,  Caldwell,  Calloway, 
Carson,  Craige,  Cunningham,  Darden,  Dillard,  Douthitt,  Dur- 
ham, Edwards,  Foster  of  Ashe,  Foy,  'Gorrell,  Greenlee,  Har- 
grove, Headen,  Hearne,  Henkel,  Hicks,  Holmes,  Houston  of 
Union,  Howard,  Johnston,  Lander,  Leak  of  Richmond,  Mc- 
Dowell of  Bladen,  McDowell  of  Burke,  McDowell  of  Madison, 
Miller,  Mitchell,  Moody,  Moseley,  Myers,  Phifer,  Royster,  San- 
ders, Satterthwaite,  Shaw,  Strong,  Sutherland,  Thomas  of 
Jackson,  Thompson,  Thornton,  Tracy,  Venablo,  Washington. 
Williams,  Williamson  and  Wooten — 50. 

Mr.  Smith,  of  Johnston,  moved  to  amend  by  striking  out 
"Saturday,"',  and  inserting  "Friday,"  and  it  was  not  agreed  to. 

Mr.  Kittrell  moved  the  indefinite  postponement  of  the  Avhole 
subject,  which  was  not  agreed  to. 

On  motion,  the  words  "  Saturday  next"'  were  stricken  out, 
and  "Wednesday,  the  27th  instant,"  inserted. 

On  motion  of  Mr.  Badger,  the  question  was  divided,  so  that 
the  vote  shall  first  be  on  that  part  of  the  resolution  relating  to 
ndjournmont,  and  on  this  question  the  ayes  and  noes  were 
ordered,  on  motion  of  Mr.  Smith,  of  Johnston,  and  resulted  in 
the  afiirmative,  as  follows  : 

Ayes — Messrs.  Ashe,  Battle  of  Il'dgecombe,  Biggs,  Bond, 
Brodnax,  Brown,  Bunting,  Caldwell,  Carson,  Craige,  Cunning- 
ham, Darden,  Dillard,  Durham,  Edwards,  Eller,  Ellison,  Foy, 
Fuller,  Grimes,  Hargrove,  Hearne,  Henkel,  Hick,  Holmes, 
Houston  of  Union,  How^ard,  Johnston,  Lander,  Leak  of  Richmond, 
McDowell  of  Bladen,  McDowell  of  Burke,  McDowell  of  Madison, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Merritt,  Miller, 
Mitchell,  Moody,  Moseley,  Osborne,  Penland,  Phifer,  Rhodes, 
Royster,  Ruffin,  Satterthwaite,  Shaw,  Smith  of  Halifax,  Speed, 
Sprouse,  Spruill  of  Bertie,  Stewart,  Strong,  Sutherland,  Thomas 
of  Jackson,  Thompson,  Thornton,  Tracy,  Amenable,  Walton, 
W^ashington,  Williams,  Williamson  and  Wooten — i55. 


1861.]  STATE  CONVENTION.  143 

Noes — Messrs.  Allison,  Armfield,  Arrington,  JBadger,  Batcli- 
elor,  Battle  of  Wake,  Berry,  CalloAvay,  Cannoft,  Christian, 
Councill,  Davidson,  Dick,  Douthitt,  Ferebee,  Foster  of  Ashe. 
Gilmer,  Gorrell,  Graham,  Green,  Greenlee,  Ileaden,  [lolden. 
Jones  of  Caldwell,  Jones  of  Rowan,  Joyce,  Kittrell,  Long, 
Mann,  Myers,  Patterson,  Pettigrew,  Sanders,  Shipp,  Smith  of 
Johnston,  Smith  of  Macon,  Spruill  of  Tyrrell,  Thomas  of  Car- 
teret, Turner,  Warren,  Wilson  and  Woodfin — 42. 

The  first  branch  of  the  resolution  being  adopted,  the  ques- 
tion was  on  the  second  branch,  relating  to  the  re-assembling 
of  the  Convention. 

Mr.  Badger  moved  to  strike  out  the  word,  "November,"  and 
insert,  "October." 

Mr.  Howard  asked  a  division  of  the  question  so  as  to  vote 
ill  St  on  striking  out,  and  on  this  the  ayes  and  noes  were  ordered, 
on  motion  of  Mr.  Speed,  and  resulted  in  the  negative,  as  fol- 
lows: 

Ayes— Messn-s.  Armfield,  Arringtiou,  J^adger,  Battle  of 
Wake,  Calloway,  Cannon,  Christian,  Dardcn,  Davidson,  Dick, 
Douthitt,  Edwards,  Ellison,  Ferebee,  Fuller,  Gilmer,  Green, 
Grimes,  Headen,  Hicks,  Holden,  Jones  of  Rowan,  Joyce,  Kit- 
trell, Leak  of  Richmond,  McNeill  of  Cumberland,  McNeill  of 
Harnett,  Meares,  Moody,  Patterson,  Rayner,  Rhodes,  Sanders, 
Satterthwaite,  Smith  of  Halifax,  Smith  of  Johnston,  Smith  of 
Macon,  Sprouse,  Spruill  of  Bertie,  Sutltorlund,  Thomas  of  Car- 
teret, and  Warren — 42. 

Noes— Messrs.  Allison,  Ashe,  Batchclor,  Battle  of  Edge- 
combe, Berry,  Biggs,  Bond,  Brodnax,  Brown,  Bunting,  Cald- 
well, Carson,  Cunningham,  Dillard,  Durham,  Eller,  Foster  of 
Ashe,  Foy,  Graham,  Hargrove,  Hearne,  Henkel,  Holmes, 
Houston  of  Union,  Howard,  Johnston,  Jones  of  Caldwell,  Lan- 
der, Long,  Mann,  McDowell  of  Burke,  McDowell  of  Madison, 
Merritt,  Miller,  Mitchell,  Moseley,  Myers,  Osborne,  Penland, 
Pettigrew,  Phifer,  Royster,  Shaw,  Speed,  Spruill  of  Tyrrell, 
Stewart,  Strong,  Thomas  of  Jackson,  Thompson,  Thornton, 
Tracy,  Turner,  Venable,  Walton,  Washington,  Williams.  Wil- 
liamson, Wilson,  Woodfin  and  Wooten — (H. 


144  JOTTRNAt  OF  THI5  [June  20. 

Mr.  Long  moved  to  strike  out  the  word,  ''first,"  and  insert. 
"  third."  before  the  word  "November,''  and  it  was  agreed  to. 

]Mr.  Green  moved  to  lay  the  subject  on  the  table,  and  it  was 
not  agreed  to. 

On  motion  of  Mr.  Badger,  the  words,  "of  any  five  members," 
were  stricken  out,  and  the  words  "  of  Messrs.  RuflSn,  Graham, 
Bigg:^,  BroAvn  and  Osborne,  or  any  three  of  them,"  were  inserted. 

The  question  W;i^  then  on  the  passage  of  the  resolution  as 
amended,  <in  its  third  reading,  and  it  was  decided  in  the  aifir- 
niative. 

Mr.  Biggs  moved  to  re-consider  the  vote  just  taken. 

Mr.  Meares  moved  to  lay  that  motion  on  the  table,  and  it 
was  not  agreed  to. 

On  motion  of  Mr.  Mitchell,  leave  of  absence  was  granted  to 
Mr.  Calloway,  from  and  after  Monday  next. 

On  motion  of  Mr.  Speed,  leave  of  absence  was  granted  to 
Mr.  Moody,  from  and  after  Saturday  next. 

On  motion  of  Mr.  Ashe,  leave  of  absence  was  granted  to 
Mr,  Wooten,  from  and  after  Friday  next. 

On  motion  of  Mr.  RufRn,  the  ordinance  to  amend  the  2nd 
Section  of  the  fourth  Article  of  the  Amendments  to  the  Con- 
stitution, was  then  taken  up  and  put  upon  its  third  reading. 

Mr.  Hargrove  moved  to  amend  as  follows:  Strike  out  all 
after  the  ordaining  clause,  and  insert,  "  No  person  who  shall 
deny  the  being  of  God,  shall  be  capable  of  holding  any  office 
or  place  of  trust  or  profit  in  the  civil  department  within  this 
State,  '  and  it  was  not  agreed  to. 

The  ordinance  then  passed  the  third  reading  and  was  ordered 
to  be  enrolled. 

The  Convention  then  took  up  the  ordinance  providing  pay- 
ment to  Sheriffs  for  holding  the  elections  of  members  of  this 
Convention. 

Then,  on  motion  of  Mr.  Badger,  tlic  Convention  adjourned. 


1861.]  STATE   CONVENTION.  145 


IN  CONVENTION,  Thursday,  June  20,  1861. 

The  President  took  the  chair  and  called  the  Convention  to 
order.  Prayer  by  Rev.  Dr.  Richard  S.  Mason,  of  the  P.  E. 
Church. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Speed  introduced  an  ordinance  to  amend  the  1st  Section 
of  the  1st  Article  of  the  amendments  to  the  Constitution,  which 
passed  the  first  reading. 

Mr.  Williams  offered  a  resolution  instructing  the  committee 
on  Common  Schools  to  inquire  into  the  propriety  of  suspending 
the  public  schools  during  the  war,  and  appropriating  the  annual 
revenue  therefor  to  the  uses  of  the  State,  which  was  agreed  to. 

Mr.  Thomas,  of  Jackson,  offered  a  resolution  instructing  the 
committee  on  Common  Schools  to  inquire  into  the  expediency 
of  amending  the  Constitution  of  the  State  upon  that  subject, 
which  was  ordered  to  lie  on  the  table. 

The  resolution  allowing  members  of  the  Convention,  elected 
to  fill  vacancies,  to  sign  the  ordinance  of  secession,  was  taken 
up  for  consideration,  and  on  motion  of  Mr.  Badger,  ordered  to 
lie  on  the  table. 

The  resolution  in  regard  to  bills  of  credit,  Avas  also  ordered 
to  lie  on  the  table. 

On  motion  of  Mr.  Graham,  Capt.  John  L.  Bridgers,  of  the 
Edgecombe  Guards,  Avho  bore  a  conspicuous  and  honorable  part 
in  the  recent  battle  of  Bethel  Church,  was  invited  to  a  seat  within 
the  bar  of  the  Convention. 

#  The  resolution  in  relation  to  Elizabeth  Chavis  and  her  infant 
child,  free  persons  of  color  of  AVake  county,  was  taken  up  and 
referred  to  the  committee  on  free  persons  of  color. 

The  ordinance  to  amend  the  4th  Section  of  the  4th  Article 
of  Amendments  to  the  Constitution,  was  then  taken  up  and 
passed  its  second  reading,  and,  the  rules  being  suspended, 
passed  its  third  reading,  and  ordered  to  be  enrolled. 

The  ordinance  relative  to  the  conferring  brevet  rank  in  cer- 
tain cases,  was  read  the  second  time,  and  on  motion  of  Mr. 
Graham,  postponed  until  Thursday  next. 
19 


146  JOURNAL   OF   THE  [June  20, 

Mr.  Washington  introduced  a  resolution  declaring  that  the 
act  of  the  General  Assembly,  commonly  known  as  the  "  Stay 
Law,"  needs  amendment,  and  proposing  a  committee  to  report 
an  ordinance  on  that  subject,  just  to  creditors  and  debtors, 
which  passed  its  first  reading. 

The  ordinance  providing  compensation  to  Sheriffs  for  holding 
elections  of  members  of  this  Convention,  was  taken  up,  passed 
its  third  reading  and  ordered  to  be  enrolled. 

The  resolution  asking  certain  information  in  regard  to  the 
State  troops  and  volunteers,  then  passed  its  third  reading  and 
was  ordered  to  be  enrolled. 

The  ordinance  heretofore  introduced  by  Mr.  Graham,  in 
regard  to  the  disposition  of  the  forces  of  the  State,  was  then 
taken  up  on  its  second  reading,  to  which  he  offered  the  follow- 
ing amendment :  Fill  the  blank  in  the  second  Section,  line 
tliird,  with  the  words,  "loth  of  Jul}',"  and  with  the  same  in 
Section  four,  line  six,  and  insert  as  an  additional  section, 

Be  it  further  ordained,  That  the  above  forces  and  vessels  of 
this  State  be  transferred  to  the  said  Confederate  States,  upon  the 
same  terms  and  conditions  that  are  provided  as  to  the  State 
troops,  in  the  second  section  of  this  ordinance. 

In  section  six,  after  the  word  "discharged,"  in  line  13,  the 
words,  "and  that  no  staff  officers  of  any  of  said  troops  shall 
be  retained  in  the  service  of  the  State  after  the  transfer  or 
muster  into  the  service  of  the  Confederate  States,  as  aforesaid, 
but  shall  be,  in  like  manner,  discharged,  unless  accepted  into 
the  sei;vice  of  the  said  Confederate  States." 

And  add,  as  Sections  9,  10,  and  11,  the  following : 

Be  it  further  ordained,  That  the  act  of  the  General  Assem- 
bly, entitled  "An  Act  to  create  a  Military  Board,"  be,  and  the 
same  is  hereby  repealed,  from  and  after  the  15th  of  July  nej^t. 

Be  it  further  ordained,  That  no  oath  shall  be  required  to  be 
taken  by  the  officers  or  soldiers  aforesaid,  except  the  oath  of 
allegiance  to  the  State  of  North  Carolina,  prior  to  their  being 
mustered  into  the  service  of  the  Confederate  States,  but  each 
man  shall  be  held  and  deemed  to  be  in  military  service,  and 
subject  to  the  rules  and  articles  of  war  of  the  Confederate 
States,  from  the  time  of  his  signing  the  articles  of  enlistment. 


1861.]  STATE   CONVENTION. 


147 


Be  it  further  ordained,  That  a  commission  of  two  persons  to 
be  chosen  by  this  Convention,  shall  be  dispatched  to  confer 
with  the  President  of  the  Confederate  States,  upon  the  matters 
embodied  in  this  ordinance,  as  early  as  may  be  practicable  and 
make  report  of  the  result  of  such  conference  to  the  Governor 
for  his  action  in  the  premises. 

On  motion  of  Mr.  Graham,  the  lobbies  and  galleries  were 
cleared,  and  the  Convention  proceeded  to  sit  with  closed  doors 
and  so  continued  until  the  hour  for  recess.  ' 


4  0'c(.ocK,  P.  M. 

The  Convention  resumed  its  business  in  secret  session,  and 
so  continued  until  a  late  hour,  when  the  doors  were  opened. 

The  ordinance  relating  to  taxation  and  revenue,  and  the  pub- 
lic debt,  was  then  put  upon  its  second  reading,  and  passed  the 
same  by  general  consent,  and  ordered  to  a  third  reading  to- 
morrow. 

Mr.  Batchclor  moved  that  the  ordinance  relating  to  the  juris- 
diction of  the  Courts  be  taken  up  and  made  the  special  order 
for  Saturday,  at  11  o'clock ; 

Pending  the  consideration  of  which,  on  motion,  the  Conven- 
tion adjourned. 


IN  CONVENTION,  Friday,  June  21,  1861. 

The  Convention  met  at  the  usual  hour,  the  President  in  the 
chair.  Prayer  by  the  Rev.  J.  M.  Atkinson,  of  the  Presby- 
terian Church. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  McDowell,  of  Madison,  presented  a  petition  from  certain 
citizens  of  his  county  in  relation  to  lands  held  by  citizens  of  a 
foreign  government  with  which  we  are  at  war,  which,  on  his 
motion,  was  referred  to  the  select  committee  on  the  memorial 
of  citizens  of  Wilmington  on  the  same  subject. 


148  JOURNAL   OF  THE  [June  21, 

The  President  laid  before  the  Convention  a  communication 
from  His  Excellency,  the  Governor,  enclosing  a  detailed  account 
by  Col.  D.  II.  Hill,  of  the  recent  battle  of  Bethel,  \&.,  which 
vras  read  and  ordered  to  be  printed — twenty-five  copies  for  each 
member. 

Mr.  Strong,  from  the  committee  on  Enrollments,  reported 
the  following  ordinances  and  resolutions  as  having  been  exam- 
ined and  found  correct : 

An  Ordinance  to  amend  the  fourth  section  of  the  fourth 
article  of  amendments  to  the  Constitution. 

An  Ordinance  abrogating  a  resolution  of  the  General  Assem- 
bly, whereby  the  same  was  to  meet  oji  the  25th  inst.,  and  pro- 
viding for  a  future  meeting. 

An  Ordinance  providing  for  the  payment  of  Sheriffs  for  hold- 
ing elections  for  members  of  this  Convention. 

Resolution  in  relation  to  the  pay  of  the  printers  to  this 
Convention. 

Resolution  to  print  and  distribute  copies  of  the  Articles  of 
War  among  our  soldiers. 

Mr.  Ellison,  from  the  committee  on  Free  Persons  of  Color, 
made  an  adverse  report  on  the  resolution  in  relation  to  Eliza- 
beth Chavis  and  her  infant  child,  in  which  the  Convention 
concurred. 

Mr.  Howard,  from  the  committee  on  Military  Affairs,  reported 
favorably  the  resolution  authorizing  the  Governor  to  accept  the 
services  of  a  certain  number  of  cavalry  companies,  which  then 
passed  its  second  reading. 

On  motion  of  Mr.  Smith,  of  Halifax,  the  rule  was  suspended, 
and  the  resolution  Avas  put  upon  its  third  reading. 

Mr.  Bond  moved  to  postpone  the  subject  until  Monday  next, 
which  was  not  agreed  to. 

The  resolution  then  passed  its  third  reading,  and  was  ordered 
to  be  enrolled. 

Mr.  Ellison  offered  a  resolution  directing  the  Secretary  to 
send  a  certified  copy  of  the  resolution  proroguing  the  General 
Assembly  to  each  member  of  the  General  Assembly,  which  lies 
over  one  day  under  the  rule. 


1861.]  STATE  CONVENTION.  149 

Mr.  Battle,  of  Wake,  offered  a  resolution  directing  the  Sec- 
retary to  prepare  and  have  printed  a  list  of  the  members  of 
this  Convention,  ^vith  their  respective  postoffices,  which  was 
agreed  to. 

Mr.  Holmes,  from  the  committee  on  that  subject,  reported 
an  ordinance  concerning  the  property  of  persons  who  have 
abandoned  and  left  the  State,  which  passed  its  first  reading, 
and  was  ordered  to  be  printed. 

Mr.  Biggs  offered  a  resolution  providing  for  an  exemption 
from  the  poll  tax  due  the  present  and  succeeding  year,  of  all 
our  soldiers  who  are  on  duty,  which  passed  its  first  reading. 
The  rule  was  suspended,  and  it  passed  its  second  reading  and 
was  reading  the  third  time.  It  was  amended  by  striking  out 
the  word,  ''white,"  and  requiring  also  that  a  certificate  of  ex- 
emption should  be  given,  under  seal,  by  the  Clerk  of  the 
County  Court. 

Mr.  Ferebee  moved  to  refer  the  resolution  to  the  committee 
of  Finance,  which  was  not  agreed  to. 

Mr.  Satterthwaite  moved  that  it  lie  on  the  table,  which  was 
not  agreed  to. 

The  resolution  then  passed  the  third  reading,  and  was  ordered 
to  be  enrolled. 

Mr.  Moseley  presented  the  resignation  of  Hon.  Thomas  D. 
McDowell,  delegate  from  Bladen  county,  which  was  accepted  by 
the  Convention. 

On  motion  of  Mr.  Moseley  a  writ  of  election  was  directed 
to  be  issued  to  the  Sheriff  of  Bladen  county,  requiring  him  to 
hold  an  election  to  fill  the  vacancy  on  the  first  Thursday  in 
August  next. 

The  order  of  the  day  was  now  called  up,  the  same  being  the 
ordinance  to  amend  the  Constitution  in  relation  to  the  subjects 
of  taxation,  revenue  and  the  public  debt. 

Mr.  Batchelor  moved  to  postpone  the  same,  in  order  that  the 
Convention  might  consider  the  ordinance  in  relation  to  the 
jurisdiction  of  the  courts,  which  was  not  agreed  to. 

The  Convention  then  went  into  to  the  consideration  of  the 
ordinance  above  named. 


150  JOURNAL  OF   THE  [June  21, 

Mr.  Sanders  offered  an  nmendment  to  strike  out  the  first  and 
second  sections  of  the  same,  and  insert  in  lieu  thereof,  the  fol- 
lowing : 

It  is  hy  this  Convention  ordained^  That  Section  3rd  of  Arti- 
cle 4th  of  the  Amendments  to  the  Constitution  of  the  State, 
ratified  by  the  people  on  the  second  Monday  of  November,  in 
the  year  1835,  is  hereby  rescinded  and  annulled,  and  in  lieu 
thereof,  and  in  addition  thereto,  it  is  ordained : 

1.  There  shall  be  a  capitation  tax  upon  all  free  persons 
throughout  the  State  subject  to  the  same. 

2.  All  free  males  over  the  age  of  twenty- one  years,  and 
under  forty-five,  shall  be  subject  to  a  capitation  tax,  and  no 
other  person  shall  be  subject  to  such  tax:  Provided,  That 
nothing  herein  contained  shall  prevent  exemption  of  taxable 
polls,  as  heretofore  prescribed  by  law,  in  cases  of  bodily  in- 
firmity. 

3.  All  slaves  over  the  age  of  one  year  and  under  the  age  of 
sixty  years,  and  no  others,  shall  be  subject  to  tax ;  and  when 
taxed,  shall  be  taxed  according  to  their  cash  value,  to  be  ascer- 
tained and  fixed  by  the  General  Assembly  as  often  as  may  be 
deemed  advisable.  In  assessing  the  value  of  taxable  slaves,  all 
between  one  year  and  five  years  of  age,  and  between  fifty-five 
and  sixty,  shall  be  deemed  of  equal  value.  All  between  five 
and  ten,  and  between  fifty  and  fifty-five,  shall  be  deemed  of 
equal  value.  All  between  ten  and  fifteen  and  between  forty 
and  fifty,  shall  be  deemed  of  equal  value,  and  all  between  fif- 
teen and  forty  shall  be  deemed  of  equal  value  :  Provided,  That 
the  General  may,  as  heretofore,  allow  exemptions  of  disabled 
and  insane  taxable  slaves :  And  provided,  also.  That  the  taxa- 
ble value  of  slaves,  skilled  and  employed  in  the  mechanic  arts 
and  trades,  may  be  ascertained  in  any  other  mode  provided  by 
the  General  Assembly. 

4.  All  real  estate,  except  such  as  shall  be  exempted  by  the 
General  Assembly,  by  reason  of  its  being  set  apart  for  the  Uni- 
versity or  other  schools,  or  for  the  suport  of  the  poor  or  afflict- 
ed, or  for  divine  w^orship,  shall  be  subject  to  be  taxed  according 
to  its  value,  and  shall  be  so  taxed  whenever  slaves  are  so  taxed, 


1861.]  STATE   CONVENTION.  151 

either  by  the  General  Assembly,  or  by  any  other  body,  by  its 
permission.  The  value  of  such  real  estate  shall  be  ascertained 
as  the  General  Assembly  may  provide :  the  tax  on  each  kind 
of  such  property  shall  be  the  same  upon  equal  values  thereof, 
and  neither  shall  be  exempt  from  tax  without  the  exemption  of 
the  other. 

On  motion  of  Mr.  Howard,  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  Mr.  Satterthwaitc  in  the  Chair, 
with  the  view  to  consider  the  subject  pending  in  the  Convention. 

After  so  continuing  for  some  time,  the  Committee  rose,  the 
President  resumed  his  seat,  and  the  chairman  reported  progress, 
and  asked  to  sit  again. 

On  motion  of  Mr.  Lander,  leave  of  absence  was  granted  to 
Mr.  Carson,  of  Rutherford,  for  the  remainder  of  the  session. . 

Mr.  Smith,  of  Macon,  presented  the  resignation  of  Hon.  A. 
T.  Davidson,  Delegate  from  Cherokee  county,  which  was  ac- 
cepted by  the  Convention,  and  the  President  was  directed  to 
issue  a  writ  of  election  to  fill  the  vacancy,  on  the  first  Thurs- 
day in  August  next. 

The  hour  having  arrived,  the  Convention  took  a  recess  until 
4  o'clock,  P.  M. 


4  O'clock,  P.  M. 

The  Convention  re-assembled,  when  Mr.  Gilmer  moved  a  call 
of  the  House,  which  being  agreed  to,  the  doors  were  closed, 
and  the  roll  being  called,  the  following  gentlemen  answered  to 
their  names  : 

Messrs.  Armfield,  Ashe,  Badger,  Battle  of  Edgecombe,  Bontl, 
Dick,  Foster  of  Randolph,  Gorrell,  Greenlee,  Hamlin,  Hearne, 
Holden,  Holmes,  Houston  of  Duplin,  Howard,  Jones  of  Cald- 
well, Joyce,  Kittrell,  Mann,  Manning,  Meares,  Mebane,  Mor- 
ritt.  Miller,  Moseley,  Patterson,  Penland,  llayner,  Reid,  Shipp, 
Speed,  Stewait,  Thomas  of  Carteret,  Thomas  of  Jackson,  Tracy, 
Venable,  Williams  and  Winslow. 

On  motion  of  Mr.  Foy,  further  proceedings  of  the  call  were 
dispensed  with,  and  the  doors  were  opened. 


162  .  JOURNAL   OF   THE  [June  22, 

Mr.  Battle,  of  Wake,  moved  that  the  ordinance  relating  to 
the  jurisdiction  of  the  Courts,  be  postponed  until  to-morrow  at 
11  o'clock,  which  Avas  agreed  to. 

Mr.  Biggs  offered  a  resolution  authorizing  the  Public  Treas- 
urer to  borrow  from  the  Banks  the  sum  of  $1,500,000,  under 
certain  conditions,  which  passed  its  first  reading  and  was  refer- 
red to  the  Committee  on  Finance. 

Mr.  Smith,  of  Johnston,  moved  to  take  up  and  consider  the 
ordinance  relatinff  to  the  suffrao;e  of  soldiers. 

Mr.  Howard  moved  that  the  Convention  resolve  itself  into 
Committee  of  the  Whole,  which  taking  precedence,  was  agreed  to. 

The  Convention  then  went  into  Committee  of  the  Whole, 
Mr.  Satterthwaite  in  the  chair,  and  proceeded  to  consider  the 
ordinance  on  Taxation  and  Revenue. 

After  some  time  spent  therein,  the  Committee  rose,  reported 
progress,  and  asked  leave  to  sit  again. 

Then,  on  motion  of  Mr.  Badger,  the  Convention  adjourned. 


IN  CONVENTION,  Saturday,  June  22,  1861. 

The  President  took  the  chair  and  called  the  Convention  to 
order. 

The  journal  of  yesterday  was  read  and  approved. 

P.  C.  Henkel,  Delegate  from  Catawba  county,  tendered  his 
resignation,  to  take  effect  from  and  after  the  close  of  the  pres- 
ent session,  which  was  accepted,  and  the  President  was  directed 
to  issue  his  writ  of  election  to  fill  the  vacancy  thus  created,  on 
the  first  Thursda}'-  in  August  next. 

On  motion  of  Mr.  Biggs,  the  Ordinance  of  Secession,  with 
the  names  of  the  signers,  and  their  respective  counties,  was 
ordered  to  be  printed  for  the  use  of  the  Convention. 

Mr.  Hicks,  from  tlie  committee  on  tliat  subject,  reported  an 
ordinance  to  amend  the  Constitution  of  the  State,  so  as  to  define 
the  age  at  which  eligibility  to  a  seat  in  the  General  Assembly 
shall  commence,  which  passed  its  first  reading. 


Ib61.]  <T\TK    r'OXVENTION.  153 

3Ir.  WhitforJ,  li-om  the  Committee  ou  a  State  Flag,  reported 
an  ordinauce  relating  thereto,  which  passed  its  several  readings 
under  a  s+ispension  of  the  rules,  and  was  ordered  to  he  enrolled. 

Mr.  Strong  offered  a  resolution  authorizing  the  President,  or 
any  one  of  the  five  members  empowered  to  call  the  Convention 
together  in  case  of  the  death  of  the  President,  to  receive  rcbig- 
nations  of  members  and  issue  writs  of  election  to  supply  vacan- 
cies,  which  passed  its  first  and  second  readings,  and  was  ordered 
to  a  third  reading  to-morrow. 

Mr.  Hicks  offered  a  resolution  to  refer  the  subject  of  certain 
lauds,  lying  in  Haywood  county,  belonging  to  alien  enemies,  to 
the  committei^  on  the  Wilmington  Public  Meeting,  and  it  was 
agreed  to. 

On  motion  of  Mr.  Kittrell,  the  Secretary  was  directed  to  give 
official  notification  of  their  election  to  the  Deputies  of  the  Con- 
federate Congress,  and  to  the  members  of  the  Board  of  Claims. 

Mr.  llayner  introduced  an  ordinance  declaring  the  political 
status  of  oflicers  of  the  U.  S.  Army,  who  are  natives  of  this 
State,  which  passed  its  first  reading. 

The  ordinance  to  amend  the  l-3th  Section  of  the  Constitution 
of  the  State,  was  then  read  the  second  time,  and  on  motion  of 
Mr.  Biggs,  ordered  to  lie  on  the  table. 

The  resolution  of  Mr.  Armfield,  asking  information  of  the 
Governor  in  relation  to  the  striking  of  the  names  of  certain 
officers  in  Yadkin  county  from  the  militia  rolls  of  the  State, 
was  then  taken  up  and  agreed  to. 

The  ordinance  in  relation  to  the  exercise  of  the  elective 
franchise  by  citizen  soldiers,  on  duty,  was  then  passed  on  its 
second  reading,  and  being  read  the  third  time  and  amended, 
was,  on  motion  of  Mr.  Battle,  of  Wake,  re-committed  to  the 
committee,  to  which  corapittee  the  names  of  Messrs.  Barnes 
and  Biggs  were  added. 

The  ordinance  relating  to  taxation,  revenue  and  the  public 
debt,  being  then  read  the  third  time, 

Mr.  Woodfin  oft'cred  an  amendment  thereto,  which  was  ordered 
to  be  printed,  nnd  the  snbjpct  was  postponed  until  Monday  at 
11  o'clock. 


154  .]0UH"NA1.    OF    THK  [.June   'i±, 

Ml'.  Wooiliiii  introduced  an  ordinance  relating  to  the  juris- 
diction of  the  Superior  Courts  in  criminal  cases,  which  passed 
its  first  reading. 

The  ordinance  heretofore  introduced  by  Mr.  Batchelor,  upon 
the  same  general  subject,  (being  to  protect  property  in  these 
times  of  political  trouble,  against  the  rapncity  of  creditors,) 
was  then  taken  up  on  its  second  rending. 

On  motion  of  Mr.  Howard,  the  Convention  resolved  itself 
into  a  Committee  of  the  AVhole,  Mr.  Biggs  in  the  chair,  to  con- 
sider said  ordinance,  and  that  just  offered  by  Mr.  Woodfin. 

xVfter  so  continuing  for  some  time,  the  committee  rose,  re- 
ported the  ordinance  with  certain  amendments,  and  asked  and 
obtained  a  discharge  from  its  further  consideration. 

Mr.  Rayner  moved  that  the  subject  lie  on  the  table,  and  on 
this  question  the  ayes  and  noes  Avcre  ordered,  on  motion  of 
Mr.  Speed,  and  resulted  in  the  negative,  as  follows: 

Ayes — Messrs.  Allison,  Ashe,  Badger,  Battle  of  Edgecombe. 
Biggs,  Brodnax,  Bunting,  Caldwell,  Dillard,  Durham,  Edwards, 
Eller,  Foster  of  Ashe,  Greenlee,  Headen,  Hearne,  Henkel, 
Holmes,  Houston  of  Union,  Howard,  Jones  of  Caldwell,  Mc- 
Neill of  Cumberland,  McNoill  of  Harnett,  Mitchell,  Moseley, 
Osborne,  Phifer,  Raynor,  Rhodes,  Smith  of  Johnston,  Stewart, 
Sutherland,  Tracy,  Turner,  Ward  and  Williams — .36. 

Noes — IMessrs.  Armfield,  Arrington,  Batchelor,  Battle  of 
Wake,  Berry,  Brown,  Calloway,  Cannon,  Christian,  Councill, 
Craige,  Darden,  Dick,  Douthitt,  Fercbee,  Foy,  Fuller,  Gilmer. 
Gorrell,  Green,  Hargrove,  Hicks,  Johnston,  Jones  of  Rowan, 
Leak  of  Richmond,  Long,  Manning,  McDowell  of  Madison, 
Meares,  Penland,  Pettigrcw,  Sanders,  Satterthwaite,  Smith  of 
Halifax,  Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Tyrrell, 
Strong,  Thomas  of  Jackson,  Thompson,  Thornton,  Venable, 
Warren,  Washington,  Williamson  and  Woodfin — il. 

The  hour  having  arrived,  the  Convention  took  a  recess  until 
4  o'clock,  P.  M. 


1861.]  STATE   CONVENTION.  156 

4   U'CLUCK.  J'.  M. 
.   The  President  called  the  ConveJitioii  to  order. 

Mr.  Stewart  moved  that  there  be  a  call  6f  the  Houfic,  Avhich 
WH8  agreed  to.  The  doors  being  closed,  the  roll  wa;?  called, 
and  the  following  gentlemen  failed  to  answer  to  their  names: 

Messrs.  Allison,  Armfield,  Ashe,  Badger,  Berry,  Bond,  Cun- 
ningham, Douthitt,  Foster  of  Randolph,  Gilmer,  Grimes,  Ham- 
lin, Houston  of  Duplin.  Jovce.  Kittrell,  McNeill  of  Harnett. 
Mebane,  Osborne,  Rajner,  Reid,  Rhodes,  Royster.  Sanders. 
Shipp,  Turner,  Washin^on,  Whitford  and  Winslow. 

Messrs.  Foster  of  Randolph,  Mebnue  und  Winslow  were 
reported  to  be  sick,  and  were  excused. 

On  motion,  further  proceedings  of  the  Oiili  were  dispensed 
with,  and  the  doors  were  opened. 

Mr.  Barnes  moved  that  the  Oonyention  adjourn,  on  which 
the  ayes  nnd  noes  were  ordered,  on  motion  of  Mr.  Satter- 
thwaite,  and  resulted  in  the  negative,  as  follow.^ : 

Ayes — Messrs.  Barnes,  Battle  of  Edgecombe,  Cannon,  Green, 
Speed,  Spriiill  of  Bertie,  Spruill  of  Tyrrell  and  Wilson — 8. 

Noes — Messrs.  Allison,  Arrington,Batchelor,  Battle  of  Wake. 
Biggs,  Brodnax,  Brown,  Bunting,  Caldwell,  Calloway,  Christian. 
Councillj  Darden,  Dillard,  Durham,  Edwards,  Eller,  Ellison. 
Ferebee,  Foster  of  Ashe,  Foy,  Fuller,  Gorrell,  Greenlee,  Har- 
grove, Headen,  Hearne,  Henkel,  Hicks,  Holden,  Holmes,  Hous- 
ton of  Union,  Howard,  Johnston,  Jones  of  Caldwell,  Jones  of 
Rowan,  Lander,  Leak  of  Anson,  Leak  of  Richmond,  Long, 
Manning,  McDowell  of  Burke,  McDowell  of  Madison,  McNeill 
of  Cumberland,  ?  lea  res,  Merritt,  Miller,  Mitchell,  Moseley. 
Myers,  Patterson,  Penland,  Pettigrew,  Phifer,  Satterthwaite. 
Shaw,  Smith  of  Halifax,  Smith  of  Johnston,  Smith  of  Macon, 
Sprouse,  Stewart,  Strong,  Sutherland,  Thomas  of  Carteret, 
Thomas  of  Jackson.  Thornton,  Tracy,  Tenable,  Wahon,  Ward. 
Warren,  Williams.  Williamson  and  Woodfin — 74. 

Mr.  Manning,  iVom  the  committee  on  the  Coalfields  connec- 
tion with  the  railway  system  of  the  State,  reported  "  An  Ordi- 
nance to  require  the  (iJovernor  and  Public  Treasurer  to  issue  the 
coupon  bonds  of  the  State  to  the  Western  Railroad  Company." 
which  passed  its  first  reading. 


156  JOURNAL   OF  THE  [June  24, 

Mr.  Smith,  of  Johnston,  iruni  the  committee  to  \vliom  the 
subject  was  re-committed,  reported  an  ordinance  in  relation  to 
the  suflfragc  of  citjzen  soldiers  on  duty,  which  was  ordered  to  a 
third  reading  on  Monday. 

Mr.  Howard  offered  a  resolution  to  authorize  the  Governor 
to  receive  recruits  for  the  first  regiment  of  iSforth  Carolina  Vol- 
unteers, which,  by  consent,  passed  its  three  several  readings, 
and  was  ordered  to  be  enrolled. 

Mr.  Strong,  from  the  committee  on  Enrollments,  reported 
that  the  resolution  just  passed  had  be(;n  enrolled  and  found  cor- 
rect ;  whereupon  it  was  signed  by  the  President  and  attested  by 
the  Secretaries. 

The  ordinance  relating  to  the  jurisdiction  of  the  Courts,  was 
then  taken  up,  Avhen  Mr.  Speed  offered  a  substitute  for  the 
same. 

Mr.  Myers  off"ered  an  amendment  to  the  substitute,  it  being 
the  ordinance  introduced  this  morning  by  Mr.  AVoodfin. 

Pending  the  consideration  of  which,  on  motion,  the  Conven- 
tion adjourned  until  Monday  morning  at  10  o'clock. 


IN  CONVENTION,  Monday,  June  24,  1861. 

The  President  took  the  chair  and  called  the  Convention  to 
order. 

The  journal  of  Saturday  was  read  and  approved. 

Mr.  Biggs  off'ered  a  resolution  providing  for  the  deposit 'jind 
publication  of  the  ordinances  of  the  Convention,  which,  by 
consent,  passed  its  three  several  readings,  and  was  ordered  to  be 
enrolled. 

Mr.  Biggs  moved  to  take  from  the  table  his  motion  to  re-con- 
sider the  order  for  the  adjournment  of  the  Convention,  on 
which  motion  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Jones,  of  Rowan,  and  resulted  in  the  negative,  as  follows : 

A.YES — Messrs.  Batchelor,  Battle  of  Edgecombe,  Biggs,  Brod- 
nax,  Bunting,  Caldwell,  Cunningham,  Darden,  Dillard,  Durham, 
Edwards,  Foy,  Fuller,  Greenlee,  Hargrove,  Henkel,   Holmes. 


1861.]  STATE   CONVENTION.  157 

Houston  of  Union,  Howard,  Johnston,  Lauder,  McDowell  of 
Burke,  McDowell  of  Madison,  McNeill  of  Cumberland.  Meares, 
Mosele}^  Penlaiid,  Rayner,  Rhodes,  Royster,  SatterthAvaito, 
Shaw,  Smith  of  Halifax,  Speed,  Stewart,  Strong,  Sutherland, 
Thompson,  Thornton,  Tracy,  Venable,  Ward,  Williams,  Wil- 
liamson and  Winslow — 45. 

Noes — Messrs.  Allison,  Armfield,  Arrington,  Barnes,  Battle 
of  Wake,  Berry,  Bond,  Brown,  Calloway,  Cannon,  Christian, 
Council,  .Dick,  Eller,  Ellison,  Ferebec,  Foster  of  Ashe,  Fos- 
ter of  Randolph,  Gilmer,  Graham,  Green,  Hcaden,  Hearnc, 
Holden,  Jones  of  Caldwell,  Jones  of  Rowan,  Joyce,  Kittrcll, 
I<eak  of  Anson,  Leak  of  Richmond,  Long,  Merritt,  Mitchell, 
Myers,  Pettigrew,  Phifer,  Ruffin,  Sanders,  Smith  of  Johnston, 
Smith  of  Macon,  Spron.se,  Spruill  of  Tyrrell,  'J'homas  of  Car- 
teret,-Turner,  Walton,  Warren,  Washington,  Wilson  and  Wood- 
fin— 49. 

The  orders  of  the  day  being  now  called  for,  Mr.  Venable 
moved  to  postpone  the  same,  in  order  that  the  Convention  min-ht 
receive  the  report  of  a  committee  sent  on  a  special  mission  : 
which"  was  agreed  to,  and,  then,  the  lobbies  and  galleries  were 
cleared  and  the  Convention  proceeded  to  sit  with  closed  doors. 

After  some  time  spent  therein,  the  doors  were  opened,  and  the 
Convention  proceeded  to  the  consideration  of  the  special  order, 
viz :  the  ordinance  relating  to  taxation,  revenue,  and  the  public 
debt,  which,  after  some  discussion,  was  postponed  until  4  o'clock 
P.  M.,  to-day.  ■ 

The  ordinance  to  amend  the  1st  Section  of  the  Ist  Article 
of  Amendments  to  the  Constitution,  was  taken  up  and  discussed, 
and,  then,  on  motion,  ordered  to  lie  on  the  table. 

On  motion  of  Mr.  Smith,  of  Johnston,  the  ordinance  reported 
by  the  committee  in  relation  to  the  suffrage  of  citizen  soldiers 
on  duty,  wao  then  taken  up,  being  on  its  third  readini^. 

Mr.  Speed  moved  to  amend  the  same  by  striking  out  the 
word  "Captain,"  and  inserting  the  words,  '' three  freeholders 
of  the  company,"  pending  the  consideration  of  which,  the  hour 
arrived,  and  the  Convention  took  a  recess  until  4  o'clock. 


158  JOURNAL   OF   THE  [June  24, 

4  O'clock,  P.  M. 

The  Convention  re-assembled  and  was  called  to  order  by  the 
President. 

The  Committee  of  the  Whole  to  whom  the  ordinance  relating 
to  taxation,  revenue,  and  the  public  debt  had  been  referred,  was 
discharged  from  its  further  consideration. 

The  Convention  then  proceeded  to  the  consideration  of  the 
same. 

'  :Mr.  Biggs  moved  to  strike  out  the  word  "may,"  in  the  7th 
line  of  the  •2nd  Section,  and  insert  the  word  "shall,"  which  was 

agreed  to. 

He  also  moved  to  insert  the  AYord  "mental,"  after  the  word 
"bodily,"  in  the  16th  line,  which  was  agreed  to.  .  " 

Mr.  Gorrell  moved  to  amend  by  striking  out  all  of  the  said 
ordinance  which  relates  to  a  capitation  tax  on  white  males. 

Mr.  Barnes  gave  notice  of  an  amendment  which  he  would 
offer  at  the  proper  time,  wliich  was  read  for  information  and 
ordered  to  be"  printed. 

Mr.  Bond  also  gave  notice  of  an  amendment,  which  was 
ordered  to  be  printed. 

On  motion  of  Mr.  A'enable,  Tvlessrs.  Greenlee  and  Penland 
obtained  leave  of  absence  from  and  after  to-morrow. 

Mr.  Bad"-er  moved  an  adjournment,  on  which  the  ayes  and 
noes  were  ordered,  on  motion  of  Mr.  Christian,  and  resulted  in 
the  negative,  as  follows  : 

A.Y£S — Messrs.  Badger,  Battle  of  Edgec;ombe,  Bond,  Brod- 
nax,  Cannon,  Ferebee,  Foster  of  Randolph,  Foy,  Gorrell, 
Headen,  Holmes,  Jones  of  Rowan,  Kittrell,  Mann,  McNeill  of 
Cumberland,  Meares,  Mitchell,  Osborne,  Patterson,  Phifer, 
Rayner,  RufFm,  Spruill  of  Tyr}'ell.  Turner.  Warren.  Washington 
and  Woodfin — 27. 

]SJoES — Messrs.  Allison,  Arrington,  Barnes,  Batchelor,  Battle 
of  Wake,  Berry,  Biggs,  Brown,  Bunting,  Caldwell,  Christian, 
e-ouncill,  Cunningham, Darden,  Dick,  Dillard,  Durham,  Edwards. 
EUer,  Ellison,  Foster  of  Ashe,  Fuller,  Gilmer,  Graham,  Green, 
Greenlee,  Hamlin,  Hargrove,  Hearne,  Henkel,  Holden,  Hous- 
ton of   Union,  Howard,  Johnston,   Jones  of  Caldwell,   Joyce.* 


]8»)1.]  STATK    CONVENT roX.  loO 

LaDder,  Leak  of  Anson,  Jxak  of  Kichmoiul,  Long,  McDowell 
of  Burke,  McDowell  of  Madison.  McNeill  of  Harnett,  Miller, 
Moody,  Moselcj',  Myere.  Penland,  Pettigvew,  Rhodes,  Royster, 
•Sanders,  Sattcrthwaitc,  JShaw.  Smith  of  Halifax,  Smith  of 
Johnston.  Smith  of  ISlacon,  Speed.  Sproii>o,  Spruill  of  Bertie, 
Stewart,  Strong,  Sutherland,  Thomas  of  Carteret,  Thompson, 
Thornton,  Tracy,  Vcuahlc,  Williams,  Williamson  and  Wilson — 71. 

Mr.  Biggst  moved  to  ])ostpone  the  further  consideration  of  the 
ordinance  until  to-morrow,  and  make  it  the  special  order  for  104, 
o'clock,  A.  M. 

Mr.  Osborne  moved  to  strike  out  "lOi,'  and  insert  ''10,' 
which  motion  prevailed,  and  the  ]nn*i.MT  r,r  "V7v  "RI.jo-;.  ^<,  amond- 
ed,  was  then  agreed  to. 

Mr.  Graham  moved  that  the  Convention  now  adjourn,  o)i 
which  the  aycp  and  noec  were  ordered,  on  motion  of  Mr.  Lander, 
and  resulted  in  the  negative,  a?^  follows: 

Ayes — Messrs.  Arringtoif,  Badger,  Battle  of  Edgecombe, 
Berry,  Bond,  Brodnax,  Cannon,  Councill,  Fercbee,  Gilmer,  Gor- 
rell,  Graham,  Headen,  Holdcn,  Jones  of  Caldwell,  JoyGc,  Kit- 
trell.  Long,  Mann,  Meares,  Pettigrcw,  Phifer,  Rayncr,  Ruffin, 
Smith  of  Macon,  Sprflill  of  Tyrrell,  Turner,  Warren,  Wash- 
ington and  Wilson — 30. 

Noes — Messrs.  Allison,  Ashe,  Barnes,  Batchclor,  Battle  of 
Wake,  Biggs,  Brown,  Buiitiug,  Caldwell,  Christian,  Cunning- 
ham, Darden,  Dick,  Dillard,  Durham,  Edwards,  Eller,  EUison. 
Foster  of  Ashe,  Foy,  Fuller,  Green,  Greenlee,  Hargrove, 
Hearne,  Hcukel,  Holmes,  Howard,  Johnston,  Lander,  Leak  of 
Anson,  Leak  of  Richmond,  McDowell  of  Burke,  McDowell  of 
Madison,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Merritt, 
Miller,  Moody,  Moseley,  iMyers,  Osborne,  Penland,  Rhodes, 
Royster,  Sanders,  Satterthwaite,  Shaw,  Smith  of  Halifax, 
Smith  of  Johnston,  Speed,  Sprouse,  Spruill  of  Bertie,  Stewart, 
Strong,  Sutherland,  Thomas  of  Carteret,  Thompson,  Thornton, 
Tracy,  Venable,  Williams,  Williamson  and  Woodfin — 64. 

Mr.  Brown  moved  a  suspension  of  the  rules,  that  he  might 
offer  an  amendment  thereto,  so  that  the  daily  sessions  of .  the 
Convention  shall,  hereafter,  commence  at  9i  o'clock,  A.  M., 
and  two-thirds  voting  therefor,  the  motion  prevailed. 


ItJO  .loT-HVAi,    ol'   THE  [Ji  N-K  2o. 

Mr.  Smith,  of  Johnston,  moved   to  amend  by  mserting  "0" 
for  "  9Z',"  which  -was  agreed  to. 

The  motion  of  Mr.  J>rown,  as  amended,  ^Yas  then  agreed  to. 

Mr.  Biggs  moved  to  take  from  t]^e  table  the  motion  to  recon- 
sider the  vote  by  which  .the  Convention  agreed  to  adjourn  on 
Wednesday  next. 

Mr.  Batchelor  moved  that  tlic  Convention  adjourn,  on  which 
tlie  ayes  and  noes  were  ordered,  on  motion  of  Mr.  -Lauder,  and 
resulted  in  the  affirmative,  as  foIloAVS : 

Ayes — Messrs.  Arrington,  Badger,  Barnes,  Batchelor,  Battle 
of  Edgecombe,  Battle  of  Wake,  Berry,  Bond,  Brodnax,  Brown. 
Bunting,  Caldwell,  Cannon,  Councill,  Dick,  Eller,  Ferebee, 
Fuller,  Gilmer,  Gorrcll,  Graliam,  Ilamlin,  lleaden,  Holden, 
Howard,  Jones  of  Ciihlwcll,  Kittrcllj  Leak  of  Richmond,  Long. 
ISfann,  McNeill  of  Cumberland,  Moiires,  Merritt,  ^Filler,  Os- 
borne^ Pettigrew,  Biiifcr,  llayner,  llhodes,  Kuffin,  Smith  of 
Macon,  Spruill  of  Tyrrell,  Thomas  of  Jackson,  Turner,  Warreii, 
Washington,  Williamson,  Wilson  and  Woodiin — 49. 

Noes — Messrs.  Allison,  Armfield,  Ashe,  Biggs,  Christian, 
Cunningham,  Darden,  Dillard,  Durham,  Edwards,  Ellison,  Fos- 
ter of  Ashe,  Foy,  Green,  Greenlee,  Hargrove,  Hearne,  Henkel, 
Holmes,  Johnston,  Lander,  Leak  of  Anson,  McDowell  of  Burke, 
McDowell  of  Madison,  McNeill  of  Harnett,  Moody,  Moseley, 
Myers,  Penland,  lloyster,  Sanders,  Satterthwaite,  Shaw,  Smith 
of  Halifax,  Smith  of  Johnston,  Speed,  Sprouse,  Spruill  of  Ber- 
tie, Stewart,  Strong,  Sutherland,  Thomas  of  Carteret,  Thomp- 
son, Thornton,  Tracy  and  Williams — 4(5. 

The  Convention  was  then  declared  adjourned  to  9  oelock 
to-morrow  morning. 


IN  CONVENTION,  Tuesday,  Juno  25,  1861. 

The  President  took  the  chair  and  called  the  Convention  to 
order. 

The  journal  of  yesterday  was  read  and  approved. 

Hon.  Burton  Craige,  delegate  from  Rowan  county,  tendered  his 
resignation  as  a  memlier  of  the  Convention,  and  the  President 


was  directed  to  issue  his  writ  of  electinti  to  fill  Hip  VHr-ni:---  nt| 
the  first  Thursday  in  August  next. 

Mr.  Battle,  of  Wake,  from  the  committee  on  Enrolhnents, 
reported  the  folloNving  ordiiiaTv^^  w]  resolutions  as  having  been 
enrolled  and  examined: 

An  Ordinance  in  relation  to  a  iState  Flag. 

A  Resolution  providing  for  the  deposit  and  publication  of  the 
ordinances  of  the  Convention. 

A  Resolution  to  raise  an  additional  battalion  of  cavalry. 

A  Resolution  directing  a  writ  of  election  to  the  Sheriff  of 
Bladen  countj",  to  fill  the  vacancy  occasioned  by  the  resignation 
of  Hon.  Thomas  D.  McDowell. 

Mr.  Spruill,  of  Bertie,  moved  to  take  from  the  table  the 
motion  to  rc-consider  the  resolution  of  the  Convention  by  which 
it  was  agreed  to  adjourn  the  present  session  on  Wednesday 
next,  at  7  o'clock,  P.  M.  The  motion  prevailed,  and  the  ques- 
tion Avas  put :  Will  the  Convention  agree  to  re-consider  ?  It  was 
determined  in  the  negative,  the  ayes  and  noes  being  ordered,  on 
motion  of  Mr.  Biggs,  as  follows : 

Ayes — Messrs.  Armfield,  Arrington,  Barnes,  Batchelor,  Bat- 
tle of  Edgecombe,  Battle  of  Wake,  Berry,  Bond,  Cannon, 
Christian,  Councill,  Dick,  Douthitt,  Ellcr,  Ellison,  Ferebee, 
Foster  of  Randolph,  Gilmer,  Gorrcll,  Graham,  Green,  Hamlin, 
Headen,  Holden,  Jones  of  Caldwell,  Joyce,  Leak  of  Richmond, 
Long,  Mann,  McNeill  of  Harnett,  Mearcs,  Merritt,  Pcttigrcw, 
Phifer,  Rayner,  Ruflin,  Sanders,  Smith  of  Johnston,  Smith  of 
IMacon,  Speed,  Sprouse,  Spruill  of  Tyrrell,  Thomas  of  Carteret, 
Turner,  Warren,  Washington  and  Wilson — 47. 

NoEg — Messrs.  Allison,  Ashe,  Biggs,  Brodnax,  Bunting, 
Caldwell,  Cunningham,  Darden,  Dillard,  Durham,  Edwards. 
Foster  of  Ashe,  Foy,  Fuller,  Greenlee,  Hargrove,  Hearne, 
Henkel,  Holmes,  Houston  of  Union,  Howard,  Johnston,  Lan- 
der, Leak  of  Anson,  McDowell  of  Burke,  McDowell  of  Madi- 
son, JSIcNeill  of  Cumberland,  Miller,  Moody,  Moseley,  Myers, 
Penland,  Rhodes,  Royster,  Satterthwaite,  S!iaw,  Smith  of 
Halifax,  Spruill  of  Bertie,  Stewart,  Strong,  Sutherland,  Thomp- 
21 


i62     *  JOURNAL   OV   THE  [June  25,    ' 

son,  Thornton,  Tracey,  Yenable,  Walton,  Ward,  Williams  and 
Williamson — 49, 

Mr.  Williamson  olTered  the  folio-wing  resolution,  ^vhich  lies 
over  one  day : 

Resolved,  That  no  delegate  shall  speak  more  than  five  min- 
utes upon  any  question  that  may  hereafter  come  before  the 
Convention  during  its  present  session. 

On  motion  of  Mr.  Barnes,  the  Convention  proceeded  to  the 
consideration  of  the  ordinance  on  the  subject  of  taxation,  reve- 
nue and  the  public  debt. 

]Mr.  Foster,  of  Randolph,  gave  notice  of  an  amendment  to 
the  second  section,  which  he  would  offer  at  the  proper  time. 

Mr.  Ruffin  moved  to  amend  by  inserting  the  words,  "  nor 
slaves,"  after  the  word  "person,"  in  the  5th  line  of  the  2nd 
section,  which  Avas  agreed  to ;  and,  in  the  same  line,  between 
the  words  ''to"  and  "taxation,"  the  word  "such,"  which 
was  also  agreed  to. 

Mr.  Gilmer  moved  to  amend  by  striking  out  the  word  "less," 
in  the  third  line,  and  inserting  the  Avord  "more,"  and  it  was 
not  agreed  to. 

The  question  then  being  on  Mr.  Gorrell's  amendment,  to 
strike  out  all  of  said  section  which  provides  for  a  capitation 
tax  on  white  persons,  the  ayes  and  noes  were  ordered  thereon, 
on  motion  of  Mr.  Batchelor,  and  resulted  in  the  negative,  as 
follows : 

Ayes — Messrs.  Armfield,  Christian,  Dick,  Durham,  Foster 
of  Ashe,  Gilmer,  Gorrell,  Green,  Ileaden,  Jones  of  RoAvan, 
Jo3'ce,  Long,  McDowell  of  Madison,  Mearcs,  Osborne,  Shipp, 
Smith  of  Johnston,  Speed,  Spruill  of  Tyrrell,  Warren  and 
Woodfin— 21. 

Noes — Messrs.  Allison,  Arrington,  Ashe,  Badger,  Barnes, 
Batchelor,  Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Biggs, 
Bond,  Brodnax,  Brown,  Bunting,  Caldwell,  Cannon,  Councill, 
Cunningham,  Darden,  Dillard,  Douthitt,  Edwards,  Eller,  Elli- 
son, Ferebee,  Foy,  Fuller,  Graham,  Greenlee,  Hargrove,  Hearne, 
Ilenkel,  Holden,  Holmes,  Howard,  Johnston,  Jones  of  Cald- 
Avell,  Kittrell,  Lander,  Leak  of  Anson,  Leak  of  Richmond, 
Mann,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Merritt, 


1861.]  STATE   CONVENTION.  163 

Miller,  Moody,  Moscley,  Penlaiid,  Pettigrew,  Phifer,  Rayner, 
Rhodes,  Royster,  Riiffin,  Sanders,  Satterthwaitc,  Shaw,  Smith 
of  Halifax,  Smith  of  Macon,  Sprouse,  Spruill  of  Bertie,  Stew- 
art, Strong,  Sutherland,  Thoma.s  of  Carteret,  Thompson,  Thorn- 
ton, Tracy,  Turner,  Venable,  Walton,  Ward,  AVashington,  Wil- 
liams, Williamson  and  Wilson — 78. 

The  hour  having  arrived,  the  Convention  then  took  a  recess 
until  4  o'clock,  P.  M. 


4  O'clock,  P.  M. 

The  President  laid  before  the  Convention  several  comnumi- 
cations  from  dift'erent  departments  of  the  war  service,  in  answer 
to  the  resolutions  of  the  Convention,  passed  on  yesterday, 
which  were  read  and  ordered  to  he  printed. 

The  ordinance  on  taxation,  revenue,  and  the  pul)lic  debt,  was 
taken  up  for  consideration. 

Mr.  Howard  gave  notice  of  an  amendment  lie  desired  to 
offer  at  the  proper  time,  exempting  free  negroes  from  taxation. 

Mr.  Wilson  moved  to  amend  the  second  section,  11th  line,  by 
inserting  between  the  words,  "properties"  and  '"in,"  "or  on 
their  individual  value;"  on  which  the  ayes  and  noes  were 
ordered,  on  motion  of  the  mover,  and  resulted  in  the  negative, 
as  follows : 

Ayes — Messrs.  Allison,  Barnes,  Battle  of  Wake,  Cannon, 
Christian,  Councill,  Dick,  Douthitt,  Durham,  Eller,  Foster  of 
Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell,  Graham,  Headen, 
Holden,  Jones  of  Rowan,  Leak  of  Anson,  Leak  of  Richmond, 
Long,  Mann,  Miller,  Mitchell,  Osborne,  Phifer,  Sanders,  Smith 
of  Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Ber- 
tie, Thomas  of  Jackson,  Warren,  W^ilson  and  Woodfin — 36. 

Noes — Messrs.  Arrington,  Ashe,  Batchelor,  Battle  of  Edge- 
combe,  Berry,  Biggs,    Brodnax,    Brown,    Bunting,   Caldwell," 
Cunningham,  Darden,  Dillard,  Edwards,  Ellison,  Ferebee,  Foy, 
Fuller,  Hargrove,  Hearne,  Henkel,  Holmes,  Houston  of  Union, 
Howard,   Johnston,  Jones  of  Caldwell,  Lander,  McDowell  of 


164-  JOURNAL   OF    THE  [Junk  25,  , 

Burke,  McDowell  oi"  !Madiboii,  McNeill  of  Cumberland,  Mc- 
Neill of  Harnett,  Moody,  Moseley,  Patterson,  Penland,  Petti- 
grew,  Rhodes,  Royster,  Ruffin,  Satterthwaite,  Shaw,  Smith  of 
Halifax,  Spruill  of  Tyrrell,  Stewart,  Strong,  Sutherland,  Thorn- 
ton, Tracy,  Turner,  Venable,  Walton,  Ward,  Washington,  Wil- 
liams and  Williamson — 55. 

Mr.  Foster,  of  Randolph,  moved  to  amend  the  same  section 
by  striking  from  the  second  and  third  lines,  the  words,  "not 
less  than  the  tax  laid  on  land  of  the  value  of  three  hundred 
dollars,"  on  which  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr,  Foster,  of  Randolph,  and  resulted  in  the  negative,  as 
follows : 

Ayes — Messrs.  Barnes,  Battle  of  Wake,  Christian,  Dick, 
Douthitt,  Durham,  Eller,  Foster  of  Randolph,  Gilmer,  Gorrell, 
Green,  Hamlin,  Headen,  Holden,  Jones  of  RoAvan,  Kittrcll, 
Leak  of  Anson,  Long,  McDowell  of  Madison,  Osborne,  San- 
ders, Shipp,  Smith  of  Johnston,  Smith  of  Macon,  Spruill  of 
Bertie,  Thomas  of  Jackson,  Warren,  Wilson  and  Woodfin — 2D. 

Noes — Messrs.  Allison,  Arrington,  Badger,  Batc^ielor,  Bat- 
tle of  Edgecombe,  Berry,  Biggs,  Bond,  Brodnax,  Brown,  Bunt- 
ing, Caldwell,  Cannon,  Councill,  Cunningham,  Darden,  Dillard, 
Edwards,  Ellison,  Ferebee,  Foster  of  Ashe,  Foy,  Fuller,  Gra- 
ham, Greenlee,  Hargrove,  Hearne,  Henkel,  Holmes,  Houston 
of  Union,  Howard,  Johnston,  Jones  of  Caldwell,  Lander,  Leak 
of  Richmond,  Mann,  McDowell  of  Burke,  McNeill  of  Cumber- 
land, McNeill  of  Harnett,  Merritt,  Miller,  Mitchell,  Moody, 
Moseley,  Patterson,  Penland,  Pettigrew,  Phifer,  Rhodes,  Roys- 
ter, Ruffin,  Satterthwaite,  Shaw,  Smith  of  Haliftix,  Speed, 
Sprouse,  Spruill  of  Tyrrell,  Strong,  Sutherland,  Thompson, 
Thornton,  Tracy,  Turner,  Venable,  Walton,  Ward,  Washing- 
ton, Williams  and  Williamson — 70. 

Mr.  HoAvard  moved  to  amend  by  striking  out  the, words,  "not 
less  than,"  and  inserting,  "equal  to,"  which  was  not  agreed  to. 

Mr.  Barnes  offered  to  amend  as  folloAVS :  Strike  out  the  2nd 
section  and  insert  the  folloAving  : 

"1.  Taxation  upon  land  and  slaves^  shall  be  equal  and  uni- 
form throughout  the  State  in  proportion  to  value,  such  value  to 
be  ascertained  as  may  be  directed  by  law. 


1861.]  STATE    CONVENTION.  165 

"2.  Capitation  tax  sliall  be  equal  througliout  the  State  upon 
all  individuals  subject  to  the  same. 

"  3.  All  free  males  of  the  age  of  twenty-one  years,  and  under 
the  age  of  forty-five  years,  shall  be  subject  to  capitation  tax, 
and  no  other  person  shall  be  subject  to  such  tax  :  Provided, 
That  nothing  herein  contained  shall  prevent  the  exemption  from 
taxation  of  soldiers  in  the  public  service,  or  of  free  males  in 
cases  of  bodily  or  mental  infii'mity,  or  of  such  real  estate  as 
hath  hitherto  been  exempted  by  law."' 

On  this  amendment  the  ayes  and  noes  were  ordered,  on  mo- 
tion of  Mr.  Barnes,  and  resulted  in  the  negative,  as  follows : 

Ayes — :Messrs.  Barnes,  Battle  of  Wake,  Bond,  Cannon, 
Christian,  Councill,  Dick,  Douthitt,  Ellcr,  Foster  of  Ashe 
Fostei  of  Randolph,  Gilmer,  Gorrell,  Green,  Ileaden,  Holden, 
Jones  of  Ivowan,  Kittrell,  Leak  of  Anson,  Long,  ]\fann,  Mer- 
ritt,  Mitchell,  Osborne,  Sanders,  Shipp,  Smith  of  Johnston, 
Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Warren, 
Wilson  and  Woodfin — 34. 

Noes — Messrs.  Allison,  Arrington,  Ashe.  Badger,  Batchc- 
lor,  Battle  of  Edgecombe,  Berry,  Biggs,  Brodnax,  Brown, 
Bunting,  Caldwell,  Cunningham,  Darden,  Dlllard,  Durham 
Edwards,  Ellison,  Ferebee,  Foy,  Fuller,  Graham,  Greenlee, 
Hamlin,  Hargrove,  Hearne,  Henkel,  Holmes,  Houston  of  Union, 
Howard,  Johnston,  Jones  of  Caldwell,  Lander,  Leak  of  Ricli- 
mond,  McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of 
Cumberland,  McNeill  of  Harnett,  Miller,  Moody,  Moseley 
Patterson,  Penland,  Pettigrew,  Rayner,  Rhodes,  Royster,  Ruf- 
fin,  Satterthwaite,  Shaw,  Smith  of  Halifax,  Spruill  of  Tyrrell, 
Stewart,  Strong,  Sutherland,  Thompson,  Thornton,  Tracy, 
Turner,  Venable,  Walton,  Ward,  Washington,  Williams  and 
Williamson — 65. 

Mr.  Eller  moved  to  amend  the  third  Section,  by  striking  out 
the  word  "majority,"  and  inscriiiig  the  word,  "two-thirds," 
which  was  nott  agreed  to. 

Mr.  Smith,  of  Macon,  moved  to  strike  out  the  third  Section, 
and  on  this  motion  the  ayes  and  noes  were  ordered,  and  resulted 
in  the  affirmative,  as  follows  : 


166  JOURNAL   OF  THE  [June  25, 

Aye.s — Messrs.  Barnes,  Battle  of  Wake,  Berry,  Bond, 
Brown,  Cannon,  Christian,  Coimcill,  Dick,  Doutliitt,  Durham, 
Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Fuller,  Gilmer,  Gor- 
rell,  Graham,  Green,  Greenlee,  Hamlin,  Headen,  Hearne,  Hol- 
den,  Houston  of  Union,  Johnston,  Jones  of  Caldwell,  Jones  of 
Rowan,  Kittrell,  Lander,  Leak  of  Anson,  Leak  of  Richmond, 
Long,  Mann,  McDowell  of  Burke,  McDowell  of  Madison,  Mc- 
Neill of  Cumberland,  McNeill  of  ELarnett,  Meares,  Merritt, 
Miller,  Myers,  Osborne,  Penland,  Satterthwaite,  Shipp,  Smith 
of  Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Ber- 
tie," Thomas  of  Jackson,  Tracy,  Turner,  Warren,  Wilson  and 
Woodfin— 57. 

Noes — Messrs.  Allison,  Ashe,  Batchelor,  Battle  of  Edge- 
combe, Biggs,  Brodnax,  Bunting,  Cunningham,  Darden,  Dil- 
lard,  Edwards,  Ellison,  Ferebee,  Foy,  Hargrove,  Henkel, 
Holmes,  Howard,  Mitchell,  Moscley,  Pettigrew,  Phifer,  Rayner, 
Rhodes,  Royster,  Ruffin^  Sanders,  Shaw,  Smith  of  Halifax, 
Spruill  of  Tyrrell,  Strong,  Sutherland,  Thompson,  Thornton, 
Venable,  Wa,lton,  AVard,  Washington,  Williams  and  AYilliam- 
son — 40. 

Mr.  Batchelor  moved  to  insert,  as  Section  3,  all  of  said  Sec- 
tion as  reported  by  the  committee,  down  to  the  word  "nays," 
in  the  8th  line,  and  from  the  35th  line  down  to  the  word  "in- 
vasion," the  effect  of  which  was  to  limit  the  State  debt  to  $20,- 
000,000,  except  in  cases  of  war,  insurrection  or  invasion,  on 
which  the  ayes  and  noes  were  ordered,  and  resulted  in  the  neg- 
ative, as  follows : 

Ayes — Messrs.  Arrington,  Batchelor,  Battle  of  Edgecombe, 
Battle  of  Wake,  Berry,  Biggs,  Brodnax,  Brown,  Bunting,  Can- 
non, Cunningham,  Darden,  Dillard,  Edwards,  Ellison,  Ferebee, 
Gorrell,  Green,  Hargrove,  Holmes,  Howard,  Moody,  Moseley, 
Pettigrew,  Phifer,  Rayner,  Royster,  Sanders,  Shaw,  Smith  of 
Halifax,  Spruill  of  Bertie,  Spruill  of  Tyrrell,  Strong,  Suther- 
land, Thompson,  Thornton,  Venable,  Walton,  Ward,  Washing- 
ton, Williams,  Williamson  and  WinsloAV — 43. 

j^oes — Messrs.  Allison,  Ashe,  Barnes,  Bond,  Caldwell,  Chris- 
tian, Councill,  Dick,  Douthitt,  Durham,  Eller,  Foster  of  Ashe, 


1861.]  STATlE  CONVENTION.  167' 

Foster  of  Randolph,  Fuller,  Gilmer,  Graham,  Greenlee,  Ham- 
lin, Headen,  Ilearne,  Henkel,  Ilolden,  Houston  of  Union, 
Johnston,  Jones  of  Caldwell,  Jones  of  RoAvan,  Kittrell,  Lan- 
der, Leak  of  Anson,  Leak  of  Richmond,  Long,  Mann,  McDoAvell 
of  Burke,  jNIcDowcll  of  Madison,  j\icNeill  of  Cumberland, 
McNeill  of  Harnett,  Meares,  Merritt,  Miller,  Myers,  Osborne, 
Patterson,  Penland,  Rhodes,  Satterthwaite,  Shipp,  Smith  of 
Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Stewart,  Thomas 
i)f  Jackson,  Tracy,  Turner,  Warren,  Wilson  and  Woodfin — 57. 

Mr.  Graham  moved  to  amend  by  striking  out  all  of  the  2nd 
section,  after  the  word  taxation,  in  the  5th  line,  and  inserting 
that,  "  all  property  on  which  taxes  are  imposed,  shall  be  taxed 
equally,  accordingly  to  value,  to  be  ascertained  b}"-  law." 

Mr.  Smith,  of  Johnston,  moved  to  amend  the  amendment  by 
adding,  "  except  gold  and  .silver  plate,  carriages,  bank  stock, 
and  State  bonds,  whicli  may  be  taxed  specifically,"  which  was 
not  agreed  to. 

Mr.  Biggs  moved  to  amend  the  amendment  by  inserting  the 
27th  and  28th  sections  of  the  7th  article  of  the  Constitution  of 
Texas,  which  is  in  these  words  :  "Taxation  shall  be  equal  and 
uniform  throughout  the  State.  All  property  in  the  State  shall 
be  taxed  in  proportion  to  its  value,  to  be  ascertained  as  direct- 
ed by  law ;  except  such  property  as  two-thirds  of  both  houses 
of  the  Legislature  may  think  proper  to  exempt  from  taxation. 
The  Legislature  shall  have  poAver  to  lay  an  income  tax,  and  to 
tax  all  persons  pursuing  any  trade,  occupation  or  profession : 
Provided,  That  the  term  "occupation,"  shall  not  be  construed 
to  apply  to  pursuits,  either  agricultural  or  mechanical. 

"  The  Legislature  shall  have  power  to  provide,  bylaw,  for 
exempting  from  taxation  two  hundred  and  fifty  dollars  of  the 
household  furniture  or  other  property  belonging  to  each  family 
in  the  State." 

On  this  motion  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Biggs,  and  resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Arrington,  Batchelor,  Battle  of  Edgecombe, 
Biggs,  Bunting,  Caldwell,  Councill,  Cunningham,  Darden, 
Durham,  Foy,  Greenlee,  Hargrove,  Henkel,  Howard,  Johnston, 


Lander,  McDoSvell  of  Burke,  McDowell  of  Madison,  McNeill 
of  Cumberland,  Miller,  Moody,  Moseley,  Osborne,  Penland, 
Rliodes,  Royster,  Slunv,  Smith  of  Johnston,  Sprousc,  Spruill  of 
Bertie,  Stewart,  Strong,  Thomas  of  Jackson,  Thompson,  Thorn- 
ton, Tracy,  Amenable,  Williams,  Winslow  and  Wo<»dfin — 41. 

Noes — Messrs.  Allison,  Armfield,  Barnes,  Battle  of  Wake, 
Berry,  Bond,  BroAvn,  Cannon,  Christian,  Dick,  Dillard,  Dou- 
thitt,  Eller,  Ellison,  Foster  of  Ashe,  Foster  of  Randolph,  Ful- 
ler, Gilmer,  Gorrell,  Graham,  Green,  Hamlin,  Headen,  Hearne,* 
llolden,  Houston  of  Union,  Jones  of  Caldwell,  Jones  of  Rowan, 
Kittrell,  Leak  of  Anson,  Leak  of  Richmond,  Long,  i\L\nn, 
McNeill  of  Harnett,  Meares,  Merritt,  Myers,  Patterson,  Petti- 
grew,  Pliifer,  Rayner,  Rnffin,  Sanders,  Satterthwaite,  Shipp, 
Smith  of  Macon,  Speed,  Spruill  of  Tyrrell,  Sutherland,  Turner, 
Ward,  W^arren;  Washington,  Williamson  and  Wilson — 55. 

The  question  recurring  on  the  adoption  of  the  amendment  of 
Mr.  Graham,  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Biggs,  and  resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Berry,  Bond,  Cannon,  Christian,  Councill, 
Dick,  Douthitt,  Durham,  Ellison,  Foster  of  Ashe,  Gilmer,  Gra- 
ham, Headen,  Hearne,  Houston  of  Union,  Kittrell,  Leak  of 
Anson,  Long,  Meares,  Myers,  Phifer,  Sandci-.s,  Smith  of  Jolm- 
ston.  Smith  of  Macon,  Sprouse,  Spruill  of  Bertie,  Thomas  of 
Jackson,  Turner,  Warren  and  Wilson — 32. 

Noes — Messrs.  Allison,  Armfield,  Arrington,  Ashe,  Barnes, 
Batchelor,  Battle  of  Edgecombe,  Battle  of  Wake,  Biggs,  Brown,  . 
Bunting,  Caldwell,  Cunningham,  Dardcn,  Dillard,  Eller,  Foster 
of  Randolph,  Foy,  Fuller,  Gorrell,  Green,  Greenlee,  Hargrove, 
Henkel,  Holden,  Holmes,  Howard,  Johnston,  Jones  of  Cald- 
well, Jones  of  Rowan,  Lander,  Leak  of  Richmond,  Mann, 
McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of  Cum- 
berland, McNeill  of  Harnett,  Merritt,  Miller,  Moody,  Moseley, 
Osborne,  Patterson,  Penland,  Pettigrew,  Rhotles,  Royster, 
Ruffin,  Satterthwaite,  Shaw,  Shipp,  Speed,  Spruill  of  Tyrrell, 
Stewart,  Strong,  Sutherland,  Thompson,  Thornton,  Tracy, 
Venable,  W^alton,  Ward,  Wn»shinglon,  Williams,  Williamson, 
Winslow  and  Woodfin — GO. 


ibCL]  HTATK  CONVE:^..u;.  inn 

Mr.  Aslic  moved  to  postpone  the  Kubjcet*  until  the  15th  day 
of  November  next;  on  which   motion,  the  uj'es  ami  noes  were' 
ordered,  on  motion  of  Mr.  Graham,  and  resulted  in  the  nega- 
tive, as  follows  :  , 

Ayes — Messrs,  Arrington,  A.she,  Batchelor,  Battle  of  Edge- 
combe, Bigg^,  Bro^y^,  Bunting,  Cunningham,  Dar<len,  Dillard, 
Durham,  Edwards,  Foy,  Fuller,  Ilenkel,  Holmes,  Howard, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Moody,  Moseley, 
Penland,  Rhodes,  Shaw,  Smith  of  Halifax,  Strong,  Sutherland, 
Thomas  of  Jackson,  Thompson,  Thornton,  Tracy,  Walton, 
Ward,  Williams,  AVilliamsciu  and  Winslow — 36. 

Noes — Messrs.  Allison,  Armfield,  Barnes,  Battle  of  Wake, 
Berry,  Bond,  Brodnax,  Caldwell,  Cannon,  Christian,  Couneill, 
Dick,  Douthitt,  Eller,  Ellison,  Fercbee,  Foster  of  Ashe,  Fos- 
ter of  Randolph,  Gilmer,  Gorrell,  Graham,  Green,  Greenlee, 
Hamlin,  Hargrove,  Headen,  Hearse,  Holden,  Houston  of 
Union,  Johnston,  Jones  of  Caldwell,  Jones  of  Rowan,  Kittrell, 
dander,  Leak  of  Anson,  Leak  of  Richmond,  Long,  Mann,  Mc- 
Dowell of  Burke,  INIcDowcll  of  Madison,  Merritt,  Miller,  Myers, 
Osliorne,  Patterson,  Pettigrew,  Phifer,  Rayner,  Royster,  RufRn, 
Sjjnders,  Sattertlnvaite,  Shipp,  Smifh  of  Johnston,  Smith  of 
Macon,  Speed,  Sprouse,  Spruill  of  Be^itie.  "Bpruill  of  Tyrrell, 
Stewart,  Turner,  Venable,  Warren,  Washington,  Wilson  and 
Woodfin— GG. 

Mr.  Gilmer  moved  to  strike  out  the  second  Section  and  insert 
as  follows  : 

Be  it  furtli.cr  ordained.  That  all  free  persons  over  the  age  of 
twenty-one  years,  and  under  the  age  of  forty-five  years,  shall 
be  subject  to  a  capitation  tax  not  more  nor  less  than  the  tax 
laid  on  three  hundred  dollars  worth  of  land  and  slaves,  and  no 
other  free  person  or  slave  shall  be  liable  for  such  taxation,  and 
also  land  and  slaves  skill  be  taxed  according  to  their  value, 
.and  the  tax  on  slaves  shall  be  as  much,  but  not  more  than  that 
on  land  accorcJing  to  their  respective*  value ;  but  the  tax  on 
slaves  nvay  be  laid  on  their  general  average  value  in  the  State, 
or  on  their  value  in  classes,  in  respect  to  age,  sex,  and  other 
distinctive  properties,  or  on  their  individual  value,  in  the  dis- 


170  JOUKKAL  OF  THE  [June  25, 

it 

cretion  of  the  General  Assembly,  and  the  value  be  assessed  in 
such  mode.'*  as  may  be  prescribed  by  law :  Provided,  That 
nothing  herein  contained  sliall  prevent  the  exemption  from  tax- 
ai,ion  of  soldiers  in  the  public  service,  or  of  free  males  or  slaves, 
in  cases  of  mental  or  bodily  infirmity,  or  of  such  real  estate  as 
hath  hitherto  been  exempted  by  law."         , 

On  this  amendment  the  ayes  and  noes  were  ordered,  on  mo- 
tion of  Mr.  Gilmer,  and  resulted  in  the  negative,  as  follows : 

Ayes — ]Messrs,  Armfield,  Barnes,  Battle  of  Wake,  Christian, 
Councill,  Dick,  Douthitt,  Eller,  Foster  of  Ashe,  Foster  of  Ran- 
dolph,Gilmer,Gorrell,  Green,  Headen,  Holden,  Houston  of  Union, 
Kittrell,  Leak  of   Richmond.   Long,  Mann,  Merritt,  Osborne, 
Shipp,  Smith  of  Johnston,  Smith  of  Macon,  Sprouse,  Spruill  of 
Bertie,  Thomas  of  Jackson,  Warren,  Wilson  and  AVoodfin — 31. 
Noes — Messrs.  Allison,  Arrington,  Ashe,  Batchelor,  Battle 
of  Edgecombe,  Berry,  Biggs,  Brown,  Bunting,  Caldwell,  Can- 
non,   Cunningham,    Dardcn,    Dillard,   Durham,  Ellison,  Foy, 
Fuller,  Graham,  Greenlee,  Hamlin,  Hargrove,  Ilearnc,  Ilenkel* 
Holmes,  Howard,  Johnston,  Jones  of  Caldwell,  Jones  of  Rowan, 
Lander,   Leak   of   Anson,   McDowell  of  Burke,  McDowell*  of 
Madison,  ISIcNeill  of  Cumberland,  McNeill  of  Harnett,  Mear«s, 
Miller,  Moody,  Mo^leyji  Myers,  Patterson,  Penland,  Pottigrew, 
Phifer,  Rayner,  -Rhodes,  Royster,  Ruffin,   Satterthwaite,  Shaw, 
Speed,  Spruill  of  Tyrrell,  SteAvart,  Strong,  Sutherland,  Thomp- 
son,  Thornton,   Tracy,   Turner,  Venable,   Ward,  Washington, 
Williams,  Williamson  and  Winslow — 65. 

Mr.  Bond  offered  the  following  as  a  substitute  for  section  2 : 
"That  all  free  males  over  the  age  of  twenty-one  years  and 
under  the  age  of  forty-five  years,  shall  be  subject  to  a  capita- 
tion tax,  not  less  than  the  tax  laid  on  land  of  the  value  of 
three  hundred  dollars,  and  no  other  free  person  shall  be  liable 
to  taxation  ;  and,  also,  land  and  slaves  shall  be  taxed  according 
to  their  value,  and  the  tax  on  slaves  shall  be  as  much,  but  not 
more  than  that  on  land,  according  to  their  respective  values, 
and  the  value  be  assessed  in  such  modes  as  may  be  prescribed 
by  law :  Provided,  That  nothing  herein  contained  shall  prevent 
the  exemption  from  taxation  of  such  real  estate  as  hath  hitherto 
been  exempted  by  law." 


1861.]  STATE   CONVENTION.  171 

On  this  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Bond,  and  resulted  in  the  negative,  as  follows : 

Ayes— Messrs.  Armficld,  Battle  of  Wake,  Bond,  Christian, 
Councill,  Dick,  Douthitt,  Eller,  Foster  of  Ashe,  Foster  of  Ban- 
dolph,  Gilmer,  Green,  Hcaden,  llolden,  Kittrell,  Long,  Mann, 
Merritt,  Sanders,  Smith  of  Johnston,  Smith  of  Macon,  Sprouse, 
Spruill  of  Bertie,  AVarren  and  Wilson — 25. 

Noes— Messrs.  Allison,  Arrington,  Ashe,  Barnes,  Batchelor, 
Battle  of  Edgecombe,  Berry,  Biggs,  Brown,  Bunting,  Caldwell, 
Cannon,  Cunningham,  Dardon,  Dillard,  Durham,  Ellison,  Foy, 
Fuller,  Gorrell,  Graham,  Greenlee,  Hamlin,  Hargrove,  Ilearne, 
Ilenkcl,  Holmes,  Houston  of  Union,  Howard,  Johnston,  Jones 
of  Caldwell,  Jones  of  Rowan,  Leak  of  Anson,  Leak  of  Rich- 
mond, McDowell  of  ]*>urke,  McDowell  of  Madison,  McNeill  of 
Cumberland,  McNeill  of  Harnett,  Meares,  Miller,  Moody, 
Myers,  Osborne,  Patterson,  Penland,  Pettigrew,  Phifer,  Rayncr, 
Rhodes,  Roystcr,  Ruffin,  Sattcrthwaite,  Sliaw,  Speed,  Spruill 
of  Tyrrell,  Stewart,  Strong,  Sutherland,  Thomas  of  Jackson, 
Thompson,  Thornton,  Tracy,  Turner,  Venablc,  AVard,  Washing- 
ton, Williams,  Williamson,  Winslow  and  "Woodfin — 71. 

Mr.  Merritt  moved  to  amend  so  as  to  provide  that  the  ordi- 
nance should  take  effect  when  ratified  by  the  people  at  an  elec- 
tion to  be  held,  on  a  day,  and  in  a  manner  to  be  provided  for  by 
this  Convention,  and  it  was  not  agreed  to. 

Mr.  Foy  moved  to  strike  out  the  word,  "that,"  in  the line, 

and  insert  in  lieu  thereof,  the  words  "  the  rate  of  taxation  " 
which  was  not  agreed  to. 

Mr.  Thomas,  of  Jackson,  moved  to  amend  by  providino-  that 
the  tax  on  Bank  Stock,  State  securities,  Bonds,  and  evidences 
of  debt,  bearing  interest,  shall  not  be  taxed  at  a  higher  rate 
than  land,  which  was  not  agreed  to. 

Mr.  Smith,  of  Johnston,  proposed  an  amendment,  requirin,"- 
the  County  Courts  to  tax,  for  county  purposes,  any  subject  taxed 
by  the  State  for  State  purposes,  which  was  not  agreed  to. 

The  question  then  recurred  on  the  passage  of  the  ordinance 
as  amended,  its  third  reading  ;  the  nyes  and  noes  wei-e  ordered, 
on  motion  of  Mr.  Biggs,  and  resulted  in  the  affirmativp.  as  fol- 
lows": 


172  JOURNAL   OF  THE  [June  26, 

Ayes — Messrs.  Allison,  Armficld,  Arrington,  Barnes,  Batch- 
elor.  Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Biggs,  Bond^ 
Brown,  Caldwell,  Cannon,  Christian,  Councill,  Darden,  Dick, 
Dillard,  Douthitt,  Durham,  Ellcr,  Ellison,  Fcrebee,  Foster  of 
Ashe,  Foster  of  Randolph,  Foy,  Fuller,  Gilmer,  Gorrcll,  Gra- 
ham, Greenlee,  Hamlin,  Hargrove,  Headen,  Hearne,  Henkel, 
Holden,  Houston  of  Union,  Howard,  Johnston,  Jones  of  Cald- 
well, Jones  of  RoAvan,  Kittrell,  Lander,  Leak  of  Anson,  Leak 
of  Richmond,  Long,  Mann,  McDowell  of  Burke,  McDowell  of 
Madison,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Mearcs, 
Merritt,  Miller,  Mitchell,  Moody,  Myers,  Osborne,  Patterson, 
Penland,  Pettigrew,  Phifer,  Rayner,  Royster,  Ruffin,  Sanders, 
Satterthwaite,  Shipp,  Smith  of  Halifax,  Smith  of  Johnston, 
Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of 
Tyrrell,  StcAvart,  Strong,  Sutherland,  Thompson,  Tracy,  Turner, 
Amenable,  Washington,  Williamson,  Wilson,  Winslow  and  Wocd- 
fin— 88. 

Noes — Messrs.  Ashe,  Bunting,  Cunningham,  Green,  Holmes, 
Moseley,  Rhodes,  Shaw,  Thornton,  Ward  and  Williams — 11. 

Mr.  Ruffin  moved  that  the  title  be  made  to  read  as  folloAVS : 
"An  Ordinance  relating  to  taxation,"  which  was  agreed  to. 

Mr.  Brown  offered  an  ordinance  providing  for  the  submission 
of  the  several  amendments  to  the  Constitution  adopted  by  the 
Convention,  to  the  people  of  the  State,  which  passed  its  first 
reading. 

Then,  on  motion,  the  Convention  adjourned. 


IN   CONVENTION,  Wednesday,  June  26,  1861. 

The  President  took  the  chair  and  called  the  Convention  to 
order.  Prayer  by  Rev.  Thomas  E.  Skinner,  of  the  Baptist 
Church. 

The  journal  of  yesterday  was  read  and  approved. 

j\Tr.  Batchelor  introduced  an  ordinamce  to  amend  the  Consti- 
tution of  the  State,  so  as  to  limit  the  public  debt,  which  passed 
its  first  reading. 


1861.]  STATE   CONVENTION.  173 

Mr.  Graham  offered  a  resolution  authorizing  the  Public  Treas- 
urer to  pay  each  of  the  doorkeepers  of  this  Convention  the  sum 
of  fifty  dollars  for  extra  services,  servant  hire,  and  other  inci- 
dental expenses,  Avhich,  the  rules  being  suspended,  passed  its 
three  several  readings,  and  was  ordered  to  be  enrolled. 

The  President  laid  before  the  Convention  a  comniuiiication 
from  L.  O'B.  Branch,  (Quartermaster  General,  which  -was  read 
and  laid  on  the  table. 

INIr.  IIoAvard  moved  to  take  up  the  ordinance  heretofore 
introduced  by  him,  to  pay  the  militia  of  the  State  when  called 
into  actual  service,  which  was  agreed  to,  and  under  a  suspension 
of  the  rules,  the  oame  passed  the  second  and  third  readiniTs 
and  was  ordered  to  be  enrolled. 

Mr.  Christian  offered  a.  resolution  asking  information  of  the 
proper  department,  in  relation  to  tlie  price  paid  by  tlic  State 
for  cartridge-boxes,  which  lies  over  one  day. 

The  order  of  the  day,  being  the  ordinance  to  provide  for  the 
disposition  of  the  State  Troops  and  Volunteers,  was  then  called  up. 

On  motion  of  Mr.  Graham^  the  lobbies  and  galleries  were 
cleared,  and  the  Convention  proceeded  to  sit  with  closed  doors. 

After  some  time  spent  therein,  the  doors  were  opened,  when 
Mr.  Battle,  of  Wake,  moved  to  suspend  the  consideration  of  the 
subject,  in  order  that  he  might  offer  a  resolution,  on  which  the 
ayes  and  noes  were  ordered,  on  motion  of  Mr.  Barnes,  and 
resulted  in  the  aflSrmative,  as  follows  : 

Ayes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes 
Batchelor,  Battle  of  Wake,  Berry,  Cannon,  Christian,  Councill, 
Dick,  Douthitt,  Eller,  Ellison,  Ferebee,  Foster  of  Ashe,  Foster 
of  Randolph,  Gilmer,  Gorrell,  Graham,  Holden,  Jones  of  Rowan, 
Leak  of  Anson,  Leak  of  Richmond,  Long,  Mann,  McNeill  of 
Cumlerland,  McNeill  of  Harnett,  Merritt,  Mitchell,  Pettigrew, 
Phifcr,  Rayner,  Ruffin,  Sanders,  Smith  of  Halifax,  Smith  of 
Macon,  Sprouse,  Spruill  of  Tyrrell,  Venable,  Warren,  Washing- 
ton and  Wilson — 44. 

Noes— Messrs.  Ashe,  Biggs,  Brown,  Bunting,  Caldwell,  Cun- 
ningham, Darden,  Dillard,  Durham,  Edwards,  Fuller,  Hamlin, 
Hargrove,   Headcn,    Henkel,    Holmes,  Howard,  Lander,  Me- 


174  JOFRNAL   OF   THE  [Ji ne  2r>. 

Dowcll  of  IJurko,  McDowell  of  Madison,  Miller,  Mosclej,  Us- 
horiic,  KliotloH,  lloyBtor,  Sattorthwaite,  Spruill  of  Dcrtic,  StcVr- 
art,  Strong;,  Sutliorljind.  ThoiDas  of  Jackson,  Thomppon,  Thbni- 
ton,  Tracy,  Turner,  Wnnl,  Williamson  an<l  "NVoodfin — *?7. 

Mr.  I5attlc.  of  Wake,  then  oflercd  the  resolution  of  which  ho 
;^avc  notice  on  yesterday,  that  tlic  resolution  of  the  Convention, 
by  which  it  was  dctcrminod  to  adjourn  this  day  at  7  o'clock,  P. 
M.,  he  rescinded. 

Tlic  fiucstion  of  order  was  here  raised,  whether  the  resolution 
was  not  re(|uired,  under  the  rule?,  to  lie  over  one  day  for  con- 
sideration. ^        *' , 

The  President  decided  that  it  was ;  hut  that  a  motion  to  sus- 
pend the  rule  was  in  order,  Avhich  would  recjuire  :in  aflinnativc 
tvvo-thirds  vote  to  sustain  itt 

K 

From  this  decision  an  appeal  was  taken  by  Mr.  Bad«^ei%  to 
the  Convention,  and  the  (juestion  was  put,  "  shall  the  decision 
of  the  President  stand  as  the  jiid;rnicnt  of  the  Convention?" 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Cunnin^^hani,  an<l  resulted  in  the  negative,  as  follows: 

AviiH — Messrs.  Aslie,  Datehelor,  Rattle  of  Edgeeomhe,  Bi;Xgs, 
Brown,  Bunting,  Caldwell,  Cunningham,  Dillavd,  Durham,  liar- 
grove,  Ilenlcel,  Holmes,  Leak  of  Richmond,  McDowell  of  Btlrke, 
McDowell  of  Madison,  Mearcs,  Miller,  Moseley,  Rhode?,  Roys- 
ter,  Ruflln,  Sattcrthwaite,  Shaw,  Smith  of  Halifax,  Spruill  of 
Bertie,  Strong,  Sutherland,  Thompson,  Thornton,  Trney,  Ward, 
WiH'iamson  an<l  Woodfin — of). 

No):s — Messrs.  Allison,  ArmficM,  An  iii;:i(iii.  iliul-ci,  iJ.nnes, 
Battle  of  Wake,  Berry,  Brodnax,  Cannon,  Christian,  Councill, 
Dick,  DoiUhitt,  Eller,  Ellison,  Fcrebeo,  Foster  of  Ashe,  Foster 
of  Ramloljil),  Gilmer,  (lorrell,  Graham,  Ilolden,  Howard,  Jones 
of  Caldwell,  Jones  of  l{owan.  Lander,  Leak  of  Anson,  Long, 
McNeill  of  Cumberland,  ]\lcNeill  of  Harnett,  Merritt,  Mitchell, 
Pettigrew,  1 'Infer,  Rayner,  Sanders,  Smith  of  ]\Iacon,  Speed, 
Sprouse,  Spruill  of  Tyrrell,  'rmnfr.  ^^■1l:llllp,  W.irren.  AVash- 
ington  and  Wilson — \^>. 

The  (juestion  \w\nz  then  on  the  Uesolution  of  Mr.  Battle,  of 
Wake, 


18(51.]  STATE   CO]\*VENTiON.  175 

Mr.  Venable  moved  to  amend  bj  adding  the  words,  "  and  this 
Convention  will  adjourn  to-night  at  12  o'clock." 

Mr.  Ellison  moved  to  amend  the  amendment,  by  striking  out 
the  words,  "to-night  at  12  o'clock,"  and  insert  "Saturday  next, 
at  2  o'clock." 

On  this  amendment  the  ayes  and  noes  were  ordered,  on  motion 
of  jNIr.  Ellison,  and  resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Allison,  Arrington,  Badger,  Batchelor,  Bond, 
Brodnax,  Christian,  Councill,  Dick,  Douthitt,  Eller,  Ellison, 
Ferebee,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell, 
Graham,  Holden,  Jones  of  Caldwell,  Kittrell,  Long,  Mann, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares,  Merritt, 
Mitchell,  Pcttigrew,  Phifcr,  Rayner,  Ruffin,  Satterthwaitc,  Shipp, 
Smith  of  Macon,  Speed,  Spruill  of  Tyrrell,  Turner,  Warren, 
Washington  and  Wilson — 41. 

Noes — Messrs.  Ashe,  Barnes,  Battle  of  Edgecombe,  Battle  of 
Wake,  Berry,  Biggs,  Brown,  Bunting,  Caldwell,  Cunningham, 
Darden,  Dillard,  Durham,  Edwards,  Fuller,  Hargrove,  Ileaden, 
Ilenkel,  Holmes,  Howard,  Jones  of  Rowan,  Lander,  Leak  of 
Anson,  Leak  of  Richmond,  McDowell  of  Burke,  McDowell  of 
Madison,  Miller,  Moseley,  Osborne,  Royster,  Sanders,  Shaw, 
Smith  of  Halifax,  Sprouse,  Spruill  of  Bertie,  Stewart,  Strong, 
Sutherland,  Thomas  of  Jackson,  Thompson,  Thornton,  Tracy, 
Venable,  Ward,  Williams,  Williamson  and  Woodfin — 47. 

Mr.  Rayner  moved  to  strike  out  the  same  words,  and  insert, 
"Friday  next,  at  2  o'clock,  P.  M.,"  and  it  was  agreed  to. 

Mr.  Badger  moved  to  amend  by  adding  that  part  of  the  re- 
scinded resolution  which  provides  for  the  re-assembling  of  the 
Convention,  and  it  was  agreed  to. 

The  question  being  then  on  the  passage  of  the  resolution  as 
amended,  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Brown,  and  resulted  in  the  affirmative,  as  follows: 

Ayes — Messrs.  Allison,  Armficld,  Arrington,  Badger,  Barnes, 
Batchelor,  Battle  of  Wake,  Berry,  Bond,  Brodnax,  Cannon, 
Christian,  Councill,  Dick,  Douthitt,  Ellcr,  Ellison,  Fcrobec, 
Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell,  Gr;ih:mi, 
Hcaden,  Uolden,  Jones  of  Caldwell,  Jones  of  Rowau,  Kittrell, 


im  TOURNAt.  OF  Tilt  [Jvnk  2tJ, 

Long,  Maim,  McNeill  of  Cumberland,  McNeill^  of  Harnett, 
Meares,  Merritt,  rcttigrovv',  riiifcr,  Rayner,  Rhodes,  Ruffin, 
Sanders,  Shipp,  Smith  of  Halifax,  Smith  of  Macon,  Speed, 
Sprouse,  Spruill  of  Tjrrell,  Turner,  Warren,  Washington  and 
Wilson— 50. 

Noes — Messrs.  Ashe,  Battle  of  Edgecombe,  Biggs,  Brown, 
Bunting,  Caldwell,  Cunningham,  Darden,  Dillard,  Durham, 
Edwards,  Fuller,  Hargrove,  Henkel,  Holmes,  Howard,  Lander, 
Leak  of  Anson,  Leak  of  Richmond,  McDowell  of  Burke,  Mc- 
Dowell of  Madison,  Miller,  Mosele}^,  Royster,  ShaAv,  Spruill  of 
Bertie,  Stewart,  Strong,  Sutherland,  Thomas  of  Jackson, 
Thompson,  Thornton,  Tracy,  Venable,  Ward,  Williams,  Wil- 
liamson and  Woodfin — 38. 

Mr.  Badger  now  inquired  whether  the  Resolution  required 
th'ee  readings. 

The  President  decided  that,  inasmuch  as  it  repealed  a  reso- 
lution on  which  the  Convention,  by  its  action,  held  three  read- 
ings to  be  necessary,  and  which  he  regarded  therefore  as  a  laAV, 
in  his  opinion  it  did  require  three  readings. 

From  this  decision,  Mr.  Badger  appealed  to  the  Convention, 
and  the  question  was  put,  "Shall  the  decision  of  the  Chair  stand 
as  the  judgipent  of  the  House?" 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Badger,  and  resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Ashe,  Batchelor,  Biggs,  Brown,  Bunting, 
Caldwell,  Cunningham,  Darden,  Dillard,  Durham,  Hargrove, 
Henkel,  Holmes,  Howard,  Lander,  Leak  of  Richmond,  Mc- 
Dowell of  Burke,  McDowell  of  Madison,  Miller,  Moseley, 
Osborne,  Rhodes,  Royster,  Ruffin,  Satterthwaite,  Shaw,  Sprouse, 
Spruill  of  Bertie,  Stewart,  Strong,  Sutherland,  Thomas  of 
Jackson,  Thompson,  Thornton,  Tracy,  A\^ard,  Williams,  Wil- 
liamson and  Woodfin — 39. 

Noes — Messrs.  Allison,  Arrington,  Badger,  Barnes,  Battle 
of  Wake,  Berry,  Bond,  Brodnax,  Cannon,  Christian,  Councill, 
Dick,  Douthitt,  Eller,  Ellison,  Ferebee,  Foster  of  Ashe,  Foster 
of  Randolph,  Gilmer,  Gorrell,  Graham,  Headen,  Holden,  Jones 
of  Caldwell,  Jones  of  Rowan,  Kittiell,  Leak  of  Ausou,  Long, 


1861.]  STATE   CONVENTION.  177 

Mann,  McNeill  of  Cumberland,  Merritt,  Mitchell,  Pettio-rcw, 
Phifcr,  Rayncr,  Saudcry,  Shipp,  Smith  of  Macon,  Speed,  Spruill 
of  Tyrrell,  Venablc,  Warren  and  Wilson — 43. 

The  decision  of  the  Chair  not  being  sustained,  the  resolution 
was  declared  to  be  passed. 

Mr.  Strong,  from  the  committee  on  Eurollments,  reported  the 
following  ordinances  and  resolutions  as  having  been  enrolled  and 
examined : 

An  ordinance  relating  to  Taxation. 

An  ordinance  to  provide  for  the  payment  of  the  Militia  whilst 
in  actual  service. 

An  ordinance  to  ratify  the  Constitution  of  the  Confederate 
States  of  America. 
A  resolution  in  favor  of  the  Door-Iceepers. 
A  resolution  asking  certain  information  of  the  Comptroller  of 
public  accounts,  and  authorizing  him  to  employ  sufficient  clerical 
force  to  enable  him  to  give  it, 

A  resolution  authorizing  the  President,  or  any  one  of  the  five 
members  empowered  to  convoke  the  Convention  in  case  of  his 
death,  to  receive  resignations,  and  issue  writs  of  election  to  fill 
vacancies. 

A  resolution  asking  information  of  the  Governor  relative  to 
certain  appointments  to  office  ; 

Which  were  severally  signed  by  the  President  and  attested 
by  the  Secretaries. 

Leave  of  absence  for  the  remainder  of  the  session  was  granted 
to  Messrs.  Biggs,  McDowell  of  Burke,  and  McDowell  of  Mad- 
ison. 

The  President  laid  before  the  Convention  a  letter  from  Hon. 
A.  W.  Venable,  resigning  his  seat  in  the  Convention  from  and 
after  the  close  of  the  present  session. 

And  then,  on  motion,  the  Convention  adjourned  until  tO" 
morrow  morning,  9  o'clock. 
23 


178  JOURNAL  OF   THE  [June  27, 


IN  CONVENTION,  Tiuhsday,  June  27,  1861. 
The  President  took  the  chair  und  called  the  Convention  to 
order. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Badger  introduced  an  ordinance  to  provide  for  the  pub- 
lication of  the  ordinances  and  resolutions  of  the  Convention, 
which  passed  its  three  several  readings,  under  a  suspension  of 
the  rules,  and  was  ordered  to  be  enrolled. 

On  motion  of  Mr.  Hargrove,  the  President  was  directed  to 
issue  his  writ  of  election  to  the  Slierift'  of  Granville  county  to 
hold  an  election  to  fill  the  vacancy  in  this  Convention  occa- 
sioned by  the  resignation  of  Hon.  A.  W.  ^'enable,  on  the  first 
Thursday  in  August  next. 

Mr.  Howard  offered  the  following  resolution : 

Jtesolved,  That  the  President  send  a  message  to  Hon.  Henry 
T.  Clark,  Speaker  of  the  Senate,  notifying  him  of  the  fact 
that  Hon.  John  W.  Ellis,  Grovernor  of  the  State,  is  now  absent 
from  the  State,  and  unable,  from  sickness,  to  discharge  the 
duties  of  his  office,  and  requesting  his  presence  in  the  city  of 
Raleigh,  to  assume  the  discharge  of  thg,  duties  which,  under 
the  Constitution,  devolve  upon  him. 

Mr.  Rayner  moved  to  add  the  following:  "Until  thereturn 
of  the  Governor  and  the  resumption  by  him  of  his  official 
duties." 

During  the  consideration  of  the  ,  above,  the  hour  for  the 
special  ordered  arrived. 

Mr.  Rayner  moved  to  suspend  the  special  -  order  until  11 
o'clock. 

Mr.  Ashe  moved  to  strike  out  "eleven,'"  and  insert  "one,"' 
which  was  not  agreed  to. 

The  motion  of  Mr.  Rayner  was  then  adopted. 

The  question  Avas  now  on  the  amendment  of  Mr.  Rayner  to 
the  resolution  offered  by  Mr.  Howard. 

Mr.  Lander  moved  to  amend  the  amendment  by  adding,  "  but 
no  notice  shall  be  served  until  after  the  Governor  shall  have 
been  notified  that  his  presence  is  needed  in  Raleigh." 


1861.J  STATE   CONVENTION.  179 

On  motion  of  Mr.  Kuffin,  the  whole  subject  Avas  referred  to 
a  select  committee,  which  consists  of  Messrs.  IloVard,  Lander, 
and  Satterthwaite. 

The  President  hiid  before  the  Convention  a  communication 
from  the  Military  Board  in  response  to  a  re'solution  of  the 
Convention,  which,  together  with  communications  from  several 
other  departments,  -vVas  ordered  to  be  printed. 

Mr.  Cxraham  introduced  an  ordinance  ceding  to  the  Confede- 
rate States  certain  tracts  of  lanil  for  public  purposes,  which 
passed  the  first  reading. 

Tlie  rules  being  suspended,  the  ordinance  then  passed  the 
second  and  third  readings,  and  was  ordered  to  be  enrolled. 

Mr.  Battle,  of  Wake,  from  the  committee  on  Enrollments, 
reported  that  the  ordinance  providing  for  the  publication  of  the 
ordinances-and  resolutions  of  Convention,- had  been  examined 
and  found  correct,  whereupon  it  was  signed  by  the  President 
and  attested  by  the  Secretaries. 

The  order  of  the  day  was  now  taken  up,  being  the  ordinance 
relating  to  the  disposition  of  State  troops  and  volunteers. 

Mr.  Graham  moved  to  strike  out  all  of  the  first  section  after 
the  Avord  "States,"  in  the  ninth  line,  which  was  agreed  to. 

•  The  blank  in  the  third  line  of  the  second  Section  was  filled 
with  the  words,  "20th  of  August."' 

On  motion  of  Mr.  Graham,  the  5th  Section  -VNas  made  the 
last  Section  of  the  ordinance. 

As  Section  5,  he  moved  the  following: 

Be  it  further  ordained,  That  the  naval  vessels  of  this  State 
be  transferred  to  the  said  Confederate  States  upon  the  same 
terms  and  conditions  that  are  provided  as  to  State  troops  in 
the  several  sections  of  this  ordinance. 

He  also  moved  to  strike  out  Section  6,  and  insert  as  follows  : 

And  ndiereas,  The  President  of  the  Confederate  States, 
through  a  communication  from  the  Secretary  of  War,  has  in- 
formed this  Convention  that  he  will  accept  from  this  State,  into 
the  service  of  the  Confederate  States,  ten  thousand  Volunteers 
for  twelve  months,  in  addition  to  the  four  regiments  already  in 
said  service,  and  cannot  accept  any  greater  number  for  twelve 
months  : 


180  JOURNAL   OF   THE  [June  2T^ 

Be  it  titer cf ore  ordained,  by  the  authority  aforesaid,  That  all 
volunteers  that  have  been  called  out  by  the  order  of  the  Gov- 
ernor, for  twelve  months,  over  and  above  the  four  regiments 
aforesaid,  and  two  thousand  more  to  be  designated  by  the  Gov- 
ernor and  tendered  to  the  President,  for  services  as  aforesaid, 
shall  be  discharged  on  the  15th  of  August  next:  Provided, 
That  any  of  said  Volunteers  who  shall  signify  their  desire  to 
enlist  in  the  State  troops  aforesaid,  or  in  any  corps  that  may 
be  called  for  by  the  President  in  the  meantime,  shall  be  dis- 
charged forthwith,  to  the  end  that  they  may  enter  such  new 
service ;  and,  Provided  further.  That  the  Governor  shall  ten- 
der such  Volunteers  to  the  President,  and  if  the  President  shall 
agree  to  accept  them,  or  any  part  of  them,  for  twelve  months, 
by  or  before  the  said  15th  day  of  August,  it  shall  be  the  duty 
of  the  Governor  to  order  them,  or  so  many  of  them  as  the 
President  shall  designate,  into  the  service  of  the  Confederate 
States  accordingly,  and  to  discharge  the  residue  :  Provided 
further,  That  any  Volunteers  discharged  as  aforesaid,  shall,  in 
addition  to  their  pay,  be  allowed  reasonable  expenses  for  trav- 
elling to  their  several  homes ;  and,  Provided  further,  That  the 
Governor  may  order  out  the  militia,  as  volunteers  or  otherAvise, 
in  case  of  invasion,  or  insurrection,  or  imminent  danger  thereof. 

Mr.  Ruffin  moved  to  strike  out,  "fifteenth,"  arid  insert. 
"  twentieth,"  wherever  it  occurs  in  the  amendment,  and  it  was 
agreed  to. 

Mr.  Barnes  offered  the  following  amendment:  After  the 
word  "volunteers,"  in  the  18th  line,  insert,  "with  their  company 
and  regimental  officers,"  which  was  agreed  to. 

Mr.  Ashe  moved  to  re-consider  the  adoption  of  the  last 
amendment,  and  the  motion  prevailed. 

The  question  then  recurring  on  Mr.  Barnes'  amendment,  it 
was  not  agreed  to. 

The  amendment  of  Mr.  Graham  was  then  adopted. 

Mr.  Spruill,  of  Bertie,  now  moved  to  fill  the  blanks  wher- 
ever they  occur,  with  the  words,  "twentieth  of  August,"  and 
to  strike  out,  "fifteenth,"  wherever  it  occurs,  and  it  was 
agreed  to. 


1861.]  STATE   CONVENTION.  181 

Mr.  Speed  moved  to  amend  by  adding  a  clause,  that  the 
volunteers  not  wanted  by  the  Confederate  States,  shall  be  re- 
tained for  the  defense  of  the  seaboard  of  this  State. 

Mr.  Batchelor  moved  to  strike  out  the  words,  "  of  the  Sea- 
board," from  the  amendment,  and  it  was  agreed  to. 

The  question  was  then  put  on  the  amendment  as  amended, 
and  it  was  not  adopted. 

The  hour  have  arrived,  the  Convention  took  a  recess  until  4 
o'clock. 


4  O'clock,  V.  M. 

l>y  consent,  Mr.  Osborne  offered  a  resolution  to  appoint  a 
committee  to  examine  the  accounts  of  tlie  officers  of  the  first 
regiment  N.  C.  volunteers,  which  were  not  allowed  by  the 
Quartermaster  General,  on  account  of  a  •\\iint  of  formality, 
and  to  report  thereupon  to  this  Convention,  and  it  was  agreed  to. 

The  following  were  appointed  to  constitute  the  committee  : 
Messrs.  Osborne,  Graham,  Meares,  Lander  and  Smith  of  Halifax. 

Mr.  Strong,  from  the  committee  on  Enrollments,  reported 
that  the  ordinance  to  cede  to  the  Confederate  States,  jurisdic- 
tion over  certain  lands,  on  which  are  Forts,  Beacons,  Marine 
Hospitals  and  Mint,  had  been  examined  and  found  correct,  and 
the  same  was  signed  by  the  President  and  attested  by  the 
Secretaries. 

The  ordinance  \)ending  at  the  hour  of  recess  was  then  taken  up. 

Mr.  Graham  moved  to  amend  by  adding  to  the  5th  section, 
as  follows :  "  The  said  vessels  to  be  paid  for,  or  accounted  for, 
on  terms  to  be  agreed  upon  by  the  Governor  with  the  said 
Confederate  States,"  which  was  agreed  to. 

Mr.  Rayner  moved  to  strike  out  the  word  "twentieth," 
wherever  it  occurs,  and  insert  the  word  "first,"  on  which  the 
ayes  and  noes  were  ordered,  on  motion  of  Mr.  Thomas,  of 
Jackson,  and  resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Allison,  Arrington,  Badger,  Battle  of  Wake, 
Berry,  Cannon,   Christian,  Ellison,  Ferebee,  Foster  of  Ashe, 


182  .101  "1      rilK  (.Tr\R27, 

rJnilmm,"  Ilolflcii,  Mann,   MitchclU   Tctti^^ew,  Uayncr,  Sattoi- 
thwaito.*  Smith   of  Halifax.  Speed.   Sprouse»  Wnslun«jtOTi  and 

^^,,, — ..1,,<,,..  i  ;.. .  i;..i:.<  ,  i).it('l»clor,  15i»r{{s,  Broihmx, 
Brown,  Buntinp^,  CaMwell,  Conncill,  Cunniophani,  Dilhml, 
Doutliitt.  Durham,  Edwards,  Gorrell,  Ilanilin,  Hargrove,  ITcn- 
kel,  Ilnlines,  Ilnu^tnn  of  Duplin,  Howard,  Jones  of  Caldwell, 
Tones  of  Rowan,  Lander,  Leak  of  Anson,  Leak  of  Richmoml. 
McDowell  oft  Burke,  McDowell  of  Matlisou,  McNeill  of  Cum- 
licrland,  McNeill  of  Harnett,  Mcrritt,  Miller,  Moseley,  Osborne, 
Phifcr,  Rhodes,  Roystcr,  Ruffin,  Sanders,  Shaw,  Smith  of 
Macon,  Spruill  of  Bertie,  Stewart,  Strong,  Sutherland,  Thomas 
of  Jackson,  Thompson,  Thornton,  Tracy,  Turner,  "W-nable, 
Willhims,  Williamson,  Winslow  and  Woodfin — oo. 

Mr.  Barnes  moved  to  amend  the  6th  Section  by  inserting, 
after  the  word  "volunteers,"  in  the  30th  line,  the  words,  ''by 
rej^lments,"  which  was  agreed  to. 

Mp.  Graham  moved  to  ampni  the  8th  Section  by  adding  the 
following  :  "The  office  of  military  Secretary  shall  be  continued 
until  the  20th  day  of  September  next,  for  the  purpose  of  set- 
tling the  military  accounts,''  which  was  agreed  to. 

Mr.  Biggs  offered  the  following  a's  an  additional  section  : 

"  B>  -it  firrthcr  ord'tuwd,  Tlmt  this  ordinance  may  be  anuMi- 
ded,  modified  or  repealed  by  the  General  Assembly." 

Mr.  Ruffin  mov^d  to  ftmen'd  the  amendment  by  adding  thei-eto 
as  follows:  *'So  far  as  regards  the  discharge  of  the  twelve- 
months volunteers  \v1<i"''«  li-ivo  not  b<'<M»  ric.«fntfi]  liv  flu-  Gov- 
ernment of  the  f.'oi;  Stntos. 

(Ill  •'        i  .  noes  were  ordered,  on  luuiion  of  Mr. 

Biii-s,  iiii.l  i.-iunu  ).,  i he  afHriJifttire,fl9  follows  : 

Ayes — Messrs.  Arringtoji,  Badger,  Barnes,  Batchelor,  Bat- 
tle of  Waki',  ITcrry,  Bro<huix,  Rrown,  Cannon,  Christian,  Couii- 
cill,  Dick,  Lr.uthitt,  Edwards,  Ellison,  Fcrebeo,  Foster  of  Ashe, 
Foster  of  Randolph,  Gilmer,  (Jorrell,  Graham,  Grimes,  Ham- 
lin, Ilohlen,  Houston  of  Duplrrt,  Jones  of  'Cumberland,  Jones 
of  Rowan,  Kittrell,  Leak  of  Anson,  Long,  Mann,  McNeill  of 
H;iniett.    Merritt.    iMillor.    iVttiLncw.   Phifer,  Rayucr,  Rhodes, 


1861.]  STATE   COJSIVENTION.  l^^S 

Ruffin,  Sanders,  Sattcrthwaitc,  Smith'  of  Halifax,  Smith  of 
]Macon,  Speed,  Sprousc,  Spnlill  of  Tyrrell,  Washington,  Wil- 
liamson and  Wilson — 4D. 

Noes — Mcsi-rs.  Allison,  Ashe,  Biggs,  Bunting,  Caldwell,  Cun- 
ningham, Dilkrd,  Durham,  Hargrove,  llenkel.  Holmes,  How- 
ard, Lander,  Leak  of  Richmond,  McDowell  of  Burke,  Mc- 
Dowell of  IMadison,  McKeill  of  Cumberland,  Moseley,  Osborne, 
Royster,  Shaw,  Spruill  of  Bertie,  Stewart,  Strong,  Sutherland, 
Thomas  of  Jackson,  Thompson,  Thornton,  Tracy,  Turner,  Ven- 
able,  Williams  and  Woodfin— ^33. 

The  question  was  then  on  ihe  amendment  as  amended,  on 
which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Gor- 
rell,  and  resulted  in  the  affirmative,  as  follows : 

Ayes' — Messrs.  Ashe,-  Barnes,  Batclielor,  Battle  of  Wake, 
Biggs,  Brown,  Cunningham,  Dillard,  Douthitt,  Durham,  Ed- 
Avards,  Grimes,  Hargrove,  Henkel,  Holmes,  Houston  of  Duplin, 
Howard,  Jones  of  Rowan,  Lander,  Leak  of  Richmond,  Mc- 
Dowell of  Burke,  ^IcDowell  of  Madison,  McKeill  of  Ciinjber- 
land,  Merritt,  Moseley,  Osborne,  Phifer,  Rhodes,  Royster, 
Ruffin,  Sanders,  Shaw,  Spruill  of  Bertie,  Stewart,  Strong, 
Sutherland,  Thomas  of  Jackson,  Thompson,  Thornton,  Tracy, 
Turner,  Venable,  Washington,  'Williams,  Williamson,  Winslow 
and  Woodfin — 1:8 . 

Noes — Messrs.  Allison,  Arrington,  Badger,  Berry,  Brodnax, 
Bunting,  Caldwell,  Cannon,  Christian,  Councill,  Dick,  Ellison. 
Ferebee,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell, 
Graliam,  Hamlin,  Headen,  Holdcn,  Jones  of  Caldwell,  Joyce, 
Kittrcil,  Leak  of  Anson,  Long,  Mann,  McNeill  of  Harnett, 
Miller,  Mitchell,  Pcttigrew,  Rayner,  Satterthwaite,'  Smith'  oi" 
Halifax,  Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Tyrrell 
and  Wilson — 38. 

The  question  then  recurring  on  the  passage  of  the  ordinance 
as  amended,  on  its  second  reading,  the  ayes  and  noes  were 
ordered,  on  motion  of  Mr.  Shaw,  and  resulted  in  the  affirmative, 
as  follows : 

AybS — Mes.srs.  Allison,  Arrington,  Badger,  Baiiir.-,  Batcli- 
elor, Battle  of  Wake,  Btrry,  Brodnax,  Brown,  Caunou,  Chris- 


184  ^  JOURNAL   OF  TUL  [June  2T, 

tian,  Council],  Dick,  Doutliitt,  EiUvards,  Ellison,  Fcrcbcc,  Fos- 
ter of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrcll,  Graham, 
Ilamlin,  lleadcn,  lloltleii,  Jones  of  Caldwell,  Jones  of  Rowan, 
Joyce,  Kittrell,  Leak  of  Anson,  Leak  of  Richmond,  Lopg, 
Mann,  iMcNeill  of  TLivnett,  Mcares,  Merritt,  Mitchell,  Osborne, 
Pettigrew,  I'hifcr,  Rayner,  Rhodes,  Ruffin,  Sanders,  Satter- 
thwaite,  Smith  of  Halifax,  Speed,  Sprousc,  Spruill  of  Tyrrell, 
Warren,  Washington,  Williamson  and  Wilson — 53. 

Noes — Messrs.  Ashe,  Biggs,  Bunting,  Caldwell,  Cunningham, 
Dillard,  Durham,  Grimes,  Hargrove,  Ilenkel,  Holmes,  Houston 
of  Duplin,  Howanl,  Lander,  McDowell  of  Burke,  McDowell  of 
Madison,  McNeill  of  Cumberland,  Miller,  Moselcy,  Royster, 
Shaw,  Spruill  of  Bertie,  Stewart,  Strong,  Sutherland,  Thomas 
of  Jackson,  Thompson,  Thornton,  Tracy,  Turner,  Venable, 
Williams,  Winslow  and  Woodfin — o4. 

On  motion,  the  rule  Avas  suspended  and  the  ordinance  put 
upon  its  third  reading  and  passed. 

On  motion,  the  title  was  amended  by  adding  the  words  "and 
for  other  purposes,"  and,  as  thus  amended,  tlie  ordinance  was 
ordered  to  be  enrolled. 

Mr.  Rayner  moved  to  re-consider  the  vote  by  which  the  ordi- 
nance was  passed,  and  the  motion  did  not  prevail. 

Mr.  Shaw,  introduced  a  resolution  for  the  appointment  of  a 
committee  to  report  an  ordinance  to  prevent  the  payment  of  the 
interest  on  the  bonds  of  the  State,  held  by  our  alien  enemies, 
which  was  adopted,  and  Messrs.  Shaw,  Woodfin  and  Leak,  of 
Richmond,  appointed  to  constitute  said  committee. 

The  ordinance  providing  for  the  suffrage  of  soldiers  while  on 
duty,  was  then  taken  up  on  its  third  reading. 

Mr.  Satterthwaite  moved  that  it  be  indefinitely  postponed, 
on  which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Spruill,  of  Bertie,  and  resulted  in  the  negative,  as  follows ; 

Ayes — Messrs.  Badger,  Batchelor,  Brodnax,  Edwards,  Fere- 
bee,  Graham,  Jones  of  Caldwell,  Kittrell,  Mitchell,  Pettigrew, 
Rayner.  Ruffin,  Satterthwaite,  Smith  of  Halifax,  Speed,  Sprouao, 
Spruill  of  Tyrrell  and  Sutherland — 18. 


1861.]  STATE    CONVENTION.  185 

Noes — Messrs.  Arrington,  Ashe,  Barnes,  Battle  of  Wake, 
Berry,  Biggs,  Brown,  Bunting,  CaldAvell,  Cannon,  Christian, 
Councill,  Cunningham,  Dick,  Dillard,  Douthitt,  Durham,  Elli- 
son, Foster  of  Asho,  Foster  of  Randolph,  Gilmer,  Gorrell, 
Grimes,  Hamlin,  Hargrove,  Headen,  Henkel,  Ilolden,  Holmes, 
Houston  of  Duplin,  Howard,  Joyce,  Lander,  Leak  of  Anson, 
Leak  of  Richmond,  Long,  Mann,  McDowell  of  Burke,  Mc- 
Dowell of  Madison,  McNeill  of  Cumberland,  McNeill  of  Har- 
nett, Merritt,  Miller,  Moseley,  Osborne,  Phifer,  Rhodes,  Roys- 
ter,  Sanders,  Shaw,  Smith  of  Macon,  Spruill  of  Bertie,  Stewart, 
Strong,  Thomas  of  Jackson,  Thompson,  Thornton,  Tracy, 
Turner,  Venablc,  Warren,  Williams,  Wilson  and  Woodfin — 63. 

Mr.  Gorrell  moved  to  postpone  the  further  consideration  of 
the  subject  until  the  third  Monday  of  November  next,  on  which 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Barnes,  and 
resulted  in  the  negative,  as  follows  ; 

Ayes — Messrs.  Badger,  Batchclor,  Battle  of  Wake,  Beiry, 
Brodnax,  Douthitt,  Edwards,  Ferebee,  Gorrell,  Graham,  Jones 
of  Caldwell,  Jones  of  Rowan,  Mitchell,  Pettigrew,  Rayner, 
Satterthwaite,  Smith  of  Halifax  and  Speed — 18. 

NoES-^Messrs.  Arrington,  Ashe,  Barnes,  Biggs,  Brown,  Bunt- 
ing, Cannon,  Christian,  Councill,  Cunningham,  Dick,  Dillard, 
Durham,  Ellison,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer 
Hamlin,  Hargrove,  Henkel,  Holden,  Holmes,  Houston  of  Du- 
plin, Howard,  Joyce,  Kittrell,  Lander,  Leak  of  Angon,  Leak 
of  Richmond,  Long,  McDowell  of  Burke,  McDowell  of  Madi- 
son, McNeill  of  Cumberland,  McNeill  of  Harnett,  Miller, 
Moseley,  Phifer,  Rhodes,  Royster,.  Sanders,  Shaw,  Spruill  of 
Bertie,  Stewart,  Strong,  Thomas  of  Jackson,  Thompson,  Thorn- 
ton, Tracy,  Turner,  Venable,  Warren,  Williams  and  William- 
son— 54. 

Mr.  Rayner  moved  to  refer  the  subject  to  a  committee  of 
three  with  instructions  to  report  thereon  to-morrow,  and  it  was 
not  agreed  to. 

Mr.  Speed  moved  to  strike  out  the  word,  "Captain,"  and  in- 
sert, "  Three  freeholders  of  the  Company,"  which  was  agreed  to. 
24 


186  JOURNAL   OF   THE  [.)uxe  28, 

Ml".  GorrcU  moved  to  amend  by  limiting  the  continuance  of 
this  ordinance  to  the  Avar  now  existing  between  the  Confederate 
States  and  the  United  States,  and  it  was  agreed  to. 

The  ordinance  then  passed  its  tliivd  ;uid  last  reading,  and  wms 
ordered  to  be  enrolled. 

j\Ir.  llayner,  from  the  committee  on  Finance,  reported  an 
ordinance  to  provide  the  ways  and  means  of  the  State,  which 
passed  its  first  reading,  and  was  ordered  to  be  printed,  and 
made  the  special  order  for  to-morrow  at  9  o'clock. 

The  Convention  then  adjourned  until  to-morrow  morning  at 
half  past  eight  o'clock. 


IN  CONVENTION,  Fkiday,  June  28,  1861. 

At  the  hour  agreed  on  yesterday,  the  President  took  the 
Chair  and  called  the  Convention  to  order.  Prayer  by  Rev. 
J.  M.  Atkinson,  of  the. Presbyterian  Church. 

The  journal  of  yesterday  was  read  and  approved. 

The  President  laid  before  the  Convention  a  letter  from  P.  H. 
Winston,  Jr.,  accepting  the  position  on  the  Board  of  Claims,  to 
which  he  had  been  elected  by  the  Convention. 

Mr.  RuflSn  presented  the  memorial  of  Haywood  "VV.  Guion, 
President  of  the  Wilmington,  Charlotte  and  Rutherford  Rail- 
road Company,  asking  the  Convention  to  authorize  the  Governor 
to  issue  to  said  Company  the  coupon  bonds  of  the  State  to 
which  it  was  entitled  by  its  charter  on  the  first  day  of  April 
last ;  the  Governor  having,"  from  his  opinion  of  public  policy, 
declined  to  sign  and  deliver  the  same,  which  was  read. 

Mr.  Ruffin  offered  a  resolution  to  carry  out  the  prayer  of  the 
memorialist,  Avhich  passed  its  first  reading. 

On  motion,  the  rules  were  suspended  and  the  resolution  passed 
its  second  reading,  and  was  read  the  third  time. 

Mr.  Arrington  moved  that  the  Resolution  lie  on  the  table,  on 
which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Arring- 
ton, and  resulted  in  the  negative,  as  follows  : 


1861.]  STATE   CONVENTION.  187 

Ayes — Mesary.  Arrington,  Brown,  Cannon,  Cunningham, 
Dillard,  Ellison,  Gorrell,  Hargrove,  Kittrell,  McNeill  of  Cum- 
berland, Boyster,  Sanders,  Shaw,  Speed,  Thompson,  Thornton, 
Warren  and  Williams — 18. 

NoKS — Messrs.  Allison,  Ashe,  Barnes,  Batchelor,  Battle  of 
Wake,  Berry,  Brodnax,  Bunting,  Caldwell,  Christian,  Council, 
Dick,  Douthit,  Durham,  Edwards,  Ferebec,  Foster  of  Ashe, 
Foster  of  Randolph,  Gilmer,  Graham,  Headen,  Henkel,  Hol- 
den.  Holmes.  Houston  of  Duplin,  Jones  of  Caldwell,  Jones  of 
Rowan,  Joyce,  Lander,  Leak  of  Anson,  Long,  McNeill  of 
Harnett,  Meares,  Merritt,  Miller,  Mitchell,  Moseley,  Osborne, 
Pettigrew,  Rhodes,  Ruffin,  Smith  of  Halifax,  Smith  of  Macon, 
Sprouse,  Spruill  of  Bertie,  Strong,  Tracy,  Turner,  Venable, 
Washington  and  Woodfin — 51. 

Mr.  Rayner  offered  the  following  amendment,  which  was 
adopted  :  "  Provided,  that  this  Resolution  shall  not  be  con- 
strued so  as  to  authorize  the  Governor  and  Public  Treasurer  to 
issue  bonds  to  any  other  Corporation,  unless,  in  his  judgment, 
he  may  deem  it  necessary." 

The  Resolution,  as  amended,  then  passed  the  third  reading, 
and  was  ordered  to  be  enrolled. 

The  hour  having  arrived,  the  special  order  was  taken  up, 
being  the  ordinance  to  provide  the  ways  and  means  of  the  State. 

Mr.  Shaw  moved  to  postpone  the  same  until  11  o'clock,  in 
order  to  consider  the  ordinance  heretofore  introduced  by  him, 
in  regoi'd  to  the  bonds  of  the  State  held  by  our  enemies. 

On  this  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Ashe,  and  resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Arrington,  Ashe,  Batchelor,  Brodnax,  Bunt- 
ing, Cunningham,  Dillard,  Durham,  Ferebee,  Hargrove,  Hea- 
den, Henkel,  Holmes,  Houston  of  Duplin,  Howard,  McNeill  of 
Cumberland,  McNeill  of  Harnett,  Moseley,  Rayner,  Rhodes, 
Shaw,  Speed,  Stewart,  Strong,  Thompson,  Thornton,  Turner, 
Venable,  Williams  and  Woodfin — 30. 

Noes— Messrs.  Allison,  Barnes,  Battle  of  Wake,  Berry 
Biggs,  Brown,  Caldwell,  Cannon,  Council,  Dick,  Douthit,  Ed- 
wards, Ellison,  Foster  of  Ashe,  Foster  of  Randolph,   Gilmer, 


188  JOURNAL  OF   THE  [June  28, 

Gorrell,  Graham,  Hamlin,  Holdon,  Jones  of  Caldwell,  Jones  of 
Rowan,  Joyce,  Kittrell,  Lander,  Leak  of  Anson,  Long,  Mann, 
Merritt,  Miller,  Mitchell,  Osborne,  Pettigrew,  Ruffin,  Sanders, 
Satterthwaite,  Smith  of  Halifax,  Sprouse,  Spruill  of  Bertie,  ' 
Spruill  of  Tyrrell,  Thomas  of  Jackson,  Tracy,  Warren,  Wash- 
ington, Williamson  and  Wilson — 46. 

Mr.  Holmes  moved  to  postpone  the  special  order  for  the  pur- 
pose of  considering  the  ordinance  reported  by  him,  in  relation 
to  the  property  of  citizens  who  have  abandoned  and  left  the 
State,  which  was  not  agreed  to. 

Mr.  Battle,  of  Wake,  from  the  Committee  on  Enrollments, 
reported  that  the  following  ordinances  and  resolutions  had  been 
examined  and  found  correct : 

An  ordinance  for  the  disposition  of  State  troops  and  Volun- 
teers, and  for  other  purposes. 

An  Ordinance  to  allow  the  right  of  suffrage  to  our  citizen 
soldiers  while  in  active  service. 

A  Resolution  in  relation  to  certain  bonds  of  the  State  due  the 
Wilmington,  Charlotte  and  Rutherford  Railroad  Company ; 

Which  were  severally  signed  by  the  President  and  attested 
by  the  Secretaries. 

Mr.  Houston,  of  Duplin,  from  the  committee  on  that  subject, 
reported  adversely  upon  the  proposition  to  lay  an  embargo  on 
the  exports  of  the  State.  In  which  report  the  Convention  con- 
curred. 

The  special  order  being  then  taken  up, 

Mr.  Ruffin  moved  to  amend  as  follows  :  Insert  after  the  word, 
"Provided,"  in  the  18th  line  of  the  2nd  section,  the  Avords, 
"  that  no  such  notes  shall  be  issued  before  the  first  day  of 
March  next ;  and  provided  further,"  on  which  the  ayes  and  noes 
were  ordered,  on  motion  of  Mr.  Rayner,  arid  resulted  in  the 
affirmative,  as  follows  : 

Ayes — Messrs.  Arrington,  Badger,  Barnes,  Batchelor,  Berry, 
Biggs,  Bond,  Bunting,  Caldwell,  Cannon,  Council,  Cunningham, 
Dick,  Dillard,  Douthit,  Edwards,  Ellison,  Ferebee,  Foster  of 
Ashe,  Graham,  Grimes,  Hargrove,  Headen,  Henkel,  Holden, 
Holmes,  Houston  of  Duplin,  Kittrell,  Lander,  Long,  Meares, 


1861.]  STATE   CONVENTION.  189 

Merritt,  Miller,  Mitchell,  Moseley,  Osborne,  Pettigrew,  Rhodes, 
Royster,  Ruffin,  Sanders,  Satterthwaite,  Shaw,  Smith  of  Hali- 
fax, Smith  of  Macon,  Sprouse,  Spruill  of  Tyrrell,  Stewart, 
Strong,  Thompson,  Tracy,  Venable,  Warren,  AVashington,  Wil- 
liams, Williamson  and  Wilson — 57. 

Noes — Messrs.  Allison,  Brown,  Christian,  Gilmer,  Hamlin, 
Joyce,  McNeill  of  Harnett,  Rayner,  Speed,  Spruill  of  Bertie, 
Thornton  and  Woodfin— 12. 

Mr.  Biggs  oflfercd  the  following  amendment :  Strike  out  the 
1st,  2d,  6th,  7th,  and  9th  sections  of  the  Ordinance,  and  amend 
the  third  section  by  striking  out  the  words,  "  three  millions  of 
dollars,  including  the  amount  already  borrowed  from  the  banks 
of  this  State,"  in  the  6th  and  7th  lines,  and  insert  the  words, 
"  one  million,  five  hundred  thousand  dollars,  which  shall  be  con- 
sidered part  of  the  sum  he  is  authorized  to  borrow." 

On  this  motion  the  ayes  and  noes  were  ordered,  and  resulted 
in  the  negative,  as  follows  : 

Ayes — Messrs.  Biggs,  Brown,  Bunting,  Cunningham,  Dur- 
ham, Hargrove,  Henkel,  Holmes,  Lander,  McNeill  of  Cumber- 
land, Moseley,  Osborne,  Royster,  Shaw,  Spruill  of  Bertie, 
Thompson,  Thornton,  Tracy,  Turner,  Williamson  and  Wood- 
fin— 21. 

Noes — Messrs.  Allison,  Arrington,  Badger,  Barnes,  Batch- 
elor.  Battle  of  Wake,  Berry,  Brodnax,  Cannon,  Christian, 
Council,  Dick,  Dillard,  Douthitt,  Edwards,  Ellison,  Ferebee, 
Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell,  Graham, 
Grimes,  Headen,  Holden,  Houston  of  Duplin,  Jones  of  Rowan, 
Joyce,  Kittrell,  Leak  of  Anson,  Mann,  McNeill  of  Harnett, 
Merritt,  Miller,  Mitchell,  Pettigrew,  Rhodes,  Ruffin,  Sanders, 
Satterthwaite,  Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Tyr- 
rell, Stewart,  Warren,  Washington,  Williams  and  Wilson — 49. 

The  ordinance,  as  amended,  then  passed  the  second  and  third 
readings,  and  was  ordered  to  be  enrolled. 

Mr.  Shaw  moved  to  take  up  for  consideration  the  ordinance 
heretofore  introduced  by  him,  in  relation  to  the  interest  on 
bonds  of  the  State  held  by  our  enemies ;  which  was  agreed  to. 

Mr.  Graham  moved  to  amend  by  striking  o»t  the  words, 
"citizen  or  corporation,"  pending  the  consideration  of  which. 


190  JOURNAL   OF  THE  [June  28, 

Mr.  Miller  moved  to  postpone  the  subject  until  the  third 
Monday  in  November  next,  on  which  the  ayes  and  noes  were 
ordered,  on  motion  of  Mr.  Shaw,  and  resulted  in  the  affirmative, 
as  follows  : 

Ayes — Messrs.  Allison,  Arrington,  Bad^jcr,  Batchelor,  Bat- 
tle of  "Wake,  Berry,  Brodnax,  Brown,  Dick,  Douthitt,  Ellison, 
Foster  of  Ashe,  Gorrell,  Graham,  Hamlin,  Headen,  Holdeu, 
Jones  of  Caldwell,  Jones  of  Rowan,  Long,  Mann,  McNeill  of 
Harnett,  Merritt,  Miller,  Mitchell,  Ruffin,  Sanders,  Satter- 
thwaite,  Smith  of  Halifax,  Smith  of  Macon,  Sprouse,  Tracy, 
Warren,  Washington  and  Wilson — 35. 

Noes — Messrs.  Ashe,  Barnes,  Biggs,  Bunting,  Caldwell,  Can- 
non, Councill,  Dillard,  Durham,  Edwards,  Ferebee,  Hargrove, 
Henkel,  Holmes,  Houston  of  Duplin,  Howard,  Lander,  McNeill 
of  Cumberland,  Mosely,  Osborne,  Pettigrew,  Rayner,  Rhodes, 
Royster,  Shaw,  Speed,  Spruill  of  Bertie,  Stewart,  Strong, 
Thompson,  Thornton,  AVilliams,  Winslow  and  Woodfin — 34. 

Mr.  Rayner  oflered  an  Ordinance  to  amend  the  Ordinance 
providing  for  a  Board  of  Claims,  which  passed  the  three  severaJ 
readings,  under  a  suspension  of  the  rule,  and  was  ordered  to  be 

enrolled.-  •'       ■  "  ;,/•'"",  •*^*"'^." 

Mr:  Speed  oftered  the  following  Resolution,  wtich  was  unan- 
imously adopted,  (Mr.  Satterthwaite  in  the  Chair) : 

Resolved^  That  the  thanks  of  this  Convention  are  eminently 
due,  and  are  hereby  tendered  to  Hon,  Weldon  N.  Edwards,  for 
the  able  and  dignified  manner  in  which  he  has  discharged  the 
difficult  and  arduous  duties' of  Presiding  Officer. 

Mr.  Holmes  moved  to  take  up  and  consider  the  ordinance  in 
relation  to  the  property  of  citizens  who  liave  abandoned  and 
left  the  State. 

Mr,  Badger  moved  to  lay  the  motion  on  the  table,  on  which 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Ashe,  and 
resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Allison,  Badger,  Barnes,  Battle  of  Wake, 
Brodnax,  Brown,  Cannon,  Council,  Dick,  Douthitt,  Ellison,  Fos- 
ter of  Ashe,  Gilmer,  Graham,  Holden,  Jones  of  Caldwell, 
Jones  of  Rowan,  Kittrell,  Long,  Mann,  Merritt,  Miller,  Mitch- 


1861.]  STATE    CONVENTION.  191 

ell,  Osborne,  Pcttigrcw,  Sauders,  Satterthwaite,  Smith  of  Macon, 
Speed,  Sprousc,  Williamson  and  Wilson — 32. 

Noes — Messrs.  Arrington,  Ashe,  Batchclor,  Berry,  Bunting, 
Caldwell,  Cunningham,  Dillard,  Durham,  Grimes,  Hargrove, 
Ilenkel,  Holmes,  Houston  of  Duplin,  Howard,  McNeill  of  Cum- 
berland, McNeill  of  Harnett,  Mcarcs,  Moseley,  Rayner,  Rhodes, 
Roystcr,  Ruffin,  Shaw,  Smith  of  Halifax,  Spruill  of  Bertie, 
Stewart,  Strong,  Thomas  of  Jackson,  Thompson,  Thornton, 
Tracy,  Turner,  Washington,  Williams,  Winslow  and  Wood- 
fin— 37. 

The  question  was  then  on  the  motioQ  of  Mr.  Holmes  to  take 
up  the  ordinance  designated  by  him,  on  which  the  ayes  and 
noes  were  ordered,  on  motion  of  Mr.  Ashe,  and  resulted  in  the 
affirmative,  as  follows : 

Ayes — Messrs.  Arrington,  Ashe,  Batchclor,  Biggs,  Bunting, 
Caldwell,  Dillard,  Durham,  Fcrcbcc,  Grimes,  Hargrove,  Henkel, 
Holmes,  Houston  of  Duplin,  Howard,  McNeill  of  Cumberland, 
Meares,  Miller,  Moseley,  Rayner,  Rhodes,  Royster,  Ruffin, 
Shaw,  Smith  of  Halifax,  Spruill  of  Bertie,  Stewart,  Strong, 
Thomas  of  Jackson,  Thompson,  Thornton,  Tracy,  Turner,  Wil- 
liams, Winslow  and  Woodfin — 36. 

Noes — Messrs.  Allison,  Badger,  Barnes,  Battle  of  Wake, 
Berry,  Brodnax,  Christian,  Dick,  Douthitt,  Ellison,  Foster  of 
Ashe,  Gilmer,  Graham,  Hamlin,  Jones  of  Caldwell,  Jones  of 
Rowan,  Joyce,  Kittrell,  Long,  Mann,  McNeill  of  Harnett,  Mer- 
ritt,  Osborne,  Pettigrcw,  Sanders,  Satterthwaite,  Smith  of 
Macon,  Speed,  Washington  and  Wilson — 28. 

Mr.  Ruffin  moved  to  postpone  the  further  consideration  of  the 
subject,  until  the  third  Monday  in  November  next,  on  which  the 
ayes  and  noes  were  ordered,  on  motion  of  Mr.  Holmes,  and 
resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Allison,  Arrington,  Badger,  Barnes,  Batch- 
clor, Battle  of  Wake,  Berry,  Bunting,  Caldwell,  Christian, 
Councill,  Dick,  Douthit,  Durham,  Ellison,  Foster  of  Ashe,  Gil- 
mer, Graham,  Headen,  Henkel,  Holden,  Holmes,  Houston  of 
Duplin,  Howard,  Jones  of  Caldwell,  Jones  of  Rowan,  Joyce, 
Long.  Mann, .McNeill  of   Cumberland,  McNeill   of    Harnett, 


192  JOURNAL   OF  THE  [June  28, 

Meares,  Merritt,  Miller,  Mitchell,  Moscley,  Osborne,  Pettigrew, 
Rhodes,  Roystcr,  Ruffin,  Sanders,  Satterthwaite,  Smith  of  Hali- 
fax, Smith  of  Macon,  Speed,  Sprouse,  Stewart,  Strong,  Thomas 
of  Jackson,  Tracy,  Washington,  Wilson,  Winslow  and  Wood- 
fin— 55. 

Noes — Messrs.  Biggs,  Cannon,  Cunningham,  Dillard,  Grimes, 
Hargrove,  Rayncr,  Shaw,  Thompson,  Thornton,  Turner  and 
Williams— 12. 

Mr.  Battle  of  Wake,  from  the  committee  on  enrollments, 
reported  the  following  ordinances,  as  having  been  examined  and 
found  correct,  and  which  were  severally  signed  by  the  President 
and  attested  by  the  Secretaries  : 

An  Ordinance  to  provide  the  Avays  and  means  of  the  State  ; 

An  Ordinance  to  amend  an  Ordinance  providing  for  a  Board 
of  Claims. 

Messrs.  Ashe  and  Houston  of  Duplin,  tendered  their  resigna- 
tion as  members  of  this  Convention,  which  were  accepted,  and 
the  President  was  directed  to  issue  writs  of  election  for  the  first 
Thursday  in  August  next,  to  fill  the  vacancies  thus  created. 

The  hour  for  adjournment  having  arrived,  the  President 
addressed  the  Convention  as  follows  : 

Gentlemen  of  the  Convention  : 

I  am  profoundly  and  gratefully  impressed  by  the  generous 
testimonial  of  kindness  just  oifered  me.  The  highest  reward 
to  the  public  servant  is  the  approbation  of  those  he  has  endea- 
vored to  serve.  It  is  also  his  highest  praise ;  and  for  the 
bestowal  of  that  approbation  upon  my  humble  efibrts  in  the 
administration  of  the  duties  of  the  Chair,  I  thank  you — sincerely 
thank  you. 

If  I  have  been  so  fortunate  as  to  produce  in  the  minds  of  the 
Convention  the  conviction  that  I  have  tried  to  do  rigid,  my  high- 
est aspirations  will  have  been  gratified.  That  my  administration 
has  been  without  fault,  I  make  no  pretense  or  claim.  Perfection 
belongs  to  no  man.  I  have,  doubtless,  committed  errors — 
perhaps  too  many — but  they  were  unintentional,  and  were  com- 
mitted in  the  sincere  eftbrt  to  discharge  my  duty.     Over  such 


^ 


1861.]  STATE   CONVENTION.  193 

errors,  I  trust,  the  generosity  of  the  Convention  will  throw  the 
mantle  of  Charity. 

We  are  now  about  to  separate,  and,  though  but  for  a  short 
interval,  the  uncertainties  of  the  future,  with  the  unsparing 
scythe  of  Time,  ever  ready  for  his  work,  may  make  this,  perhaps, 
to  some  of  us,  the  last  farewell.  I  trust,  however,  that  our  for- 
tunes may  be  different,  and  that  each  one  may  return  to  this 
Hall,  bringing  with  him  the  glad  tidings  that  gentle  Peace  has 
visited  our  distracted  country,  and  that  her  genial  and  benign 
influences  are  felt  throughout  our  land  ;  and  may  the  long 
prospective  before  us  afford  the  promise  of  uninterrupted  and 
successful  occupation  in  all  the  walks  of  life,  and  the  assurance 
that  peace,  plenty,  and  prosperity  will  ever  smile  in  our  midst. 

May  each  of  you  safely  return  to  your  family  and  friends  and 
find  them  in  health  and  happiness,  and  may  such  blessings 
evermore  be  yours  and  their  lot,  I  fervently  pray. 

I  have  now  no  further  duty  to  perform  than  to  declare  that 
this  Convention  stands  adjourned  until  the  third  Monday  in 
November  next,  unless  sooner  convened  in  the  manner  prescribed 
by  the  Resolution  of  this  Body. 
25 


JOURNAL 


<a 


THE  CONVENTION 


OF  THE  PEOPLE  OF 


NORTH  CAROLINA. 


Sieconli  Session. 


HELD  IN   NOVEMBER  AND  DECEMBER,  1861, 


C 


|-^  RALEIGH  : 

^      mo.   W.    SYME,   PRINTER  TO  THE   CONVENTION. 

1862, 


^ 


'» 

h 


JOURNAL 


OF    THE 


STATE    CONVENTION 

SECOND    SESSION,    1861. 


IN  CONVENTION,  Monday,  November  18,  1861. 

Pursuant  to  the  order  of  adjournment,  made  at  the  last  session, 
the  Convention  re-assembled  this  day,  and  was  called  to  order 
by  the  President,  Hon.  Weldon  N.  Edwards. 

Prayer  was  offered  by  Rev.  Joseph  M.  Atkinson,  of  the  Pres- 
byterian Church. 

The  journal  of  the  last  day  of  the  preceding  session  was  read 
and  approved. 

The  following  Delegates,  elected  to  fill  vacancies  in  their 
respective  counties,  presented  their  credentials  and  took  their 
seats,  viz :  James  H.  Bryson,  of  Cherokee ;  Richard  A.  Cald- 
well, of  Rowan ;  James  Dickson,  of  Duplin  ;  David  Schenck,  of 
Lincoln ;  and  George  Setzer,  of  Catawba. 

On  motion  of  Mr.  Satterthwaite,  the  roll  of  members  was 
called,  and  the  following  answered  to  their  names,  viz :  Messrs. 
Foster  of  Ashe,  Ellison  and  Warren  of  Beaufort,  Meares  of 
Brunswick,  Setzer  of  Catawba,  McNeill  of  Cumberland,  Thomas 
of  Carteret,  Bryson  of  Cherokee,  Headen  of  Chatham,  Tracy  of 
Cleaveland,  Douthitt  and  Kittrell  of  Davidson,  Sprouse  of  Davie, 
Dickson  and  Rhodes  of  Duplin,  Howard  of  Edgecombe,  Wil- 
liams of  P>anklin,  Hargrove  and  Royster  of  Oranville,  Darden 


4  JOURNAL   OF  THE  [2d  Seshon, 

of  Greene,  Johnston  of  Gaston,  Rayner  of  Hertford,  Mann  of 
Hyde,  Allison  and  Mitchell  of  Iredell,  Thomas  of  Jackson, 
Sanders  of  Johnston,  Washington  of  Lenoir,  Schenck  of  Lincoln, 
Osborne  of  Mecklenburg,  Biggs  of  Martin,  Greenlee  of  McDow- 
ell, Christian  of  Montgomery,  Smith  of  Macon,  Arrington  of 
Nash,  Barnes  of  Northampton,  Berry  of  Orange,  Satterthwaite 
of  Pitt,  Cunningham  of  Person,  Leak  of  Richmond,  Carson  and 
Durham  of  Rutherford,  Caldwell  of  Rowan,  Hearne  of  Stanly, 
Houston  of  Union,  Badger,  Battle  and  Holden  of  Wake,  the 
President  and  Mr.  Thornton  of  Warren,  Mr.  Pettigrew  of 
Washington,  Mr.  Penland  of  Yancey,  Mr.  Armfield  of  Yadkin, 
Mr.  McNeill  of  Harnett. 

There  being  no  quorum  present,  on  motion  of  Mr.  Satter- 
thwaite, the  Convention  adjourned  until  to-morrow  morning  at 
10  o'clock. 


IN  CONVENTION,  Tuesday,  November  19,  1861. 

The  Convention  met  pursuant  to  adjournment,  the  President 
in  the  Chair. 

The  journal  of  yesterday  was  read  and  approved. 

Robert  Strange  of  New  Hanover,  Neill  Kelly  of  Bladen, 
elected  to  fill  vacancies  in  their  respective  counties,  appeared, 
produced  their  credentials  and  took  their  seats. 

Mr.  Leak  introduced  the  following  resolution,  which,  on 
motion  of  Mr.  Biggs,  was  referred  to  a  select  Committee  of  one 
from  each  judicial  district : 

Whereas,  The  excitement  pervading  our  entire  community, 
arising  from  the  present  war,  is  such  as  to  render  it  obvious  that 
the  present  time  is  inauspicious  to  cool,  calm,  and  dispassionate 
consideration  ;  be  it  therefore 

Resolved,  That  this  Convention  will  entertain  no  proposition 
to  alter  or  to  amend  the  Constitution  at  its  present  session,  but 

will,  on  the day  of adjourn  over  to  the ,  subject 

to  the  same  provisions  of  being  convoked  by  the  President,  or 
upon  his  death  or  inability,  by  a  majority  of  the  five  Commis- 
sioners heretofore  appointed. 


1861.]   •  STATE   CONVENTION.  5 

The  President  announced  the  following  as  the  Committee  : 
Messrs.  Leak  of  Richmond,  Pettigrew,  Warren,  Biggs,  Mebane. 
Schenck  and  McDowell  of  Madison. 

Mr.  Foster  of  KiMvlolpli  offprtMl  tlie  following,  which  \vm< 
agreed  to : 

Resolved,  That  the  Comptroller  1)t'  required  to  furnish  thi.s 
Convention,  at  the  earliest  day  practicable,  the  tabular  State- 
ment of  the  amount  of  State  taxes  collected  each  3'ear,  for  the 
last  five  years,  from  each  county,  distinguishing  between' the 
various  subjects  of  taxation,  as  required  by  a  resolution  adopted 
at  the  first  session  of  this  Convention. 

Mr.  Badger  gave  notice  that  he  would,  on  to-morrow,  ofier  an 
ordinance,  the  purpose  of  which  would  be  to  protect  the  good 
citizens  of  the  State  against  the  unpardonable  extortion^  of 
speculators  and  monopob'sts. 

Mr.  Rayner  introduced  an  Ordinance  to  provide  for  the  imme- 
diate wants  of  the  Treasury,  which  passed  its  first  reading.  On 
his  motion,  the  rules  were  suspended,  the  ordinance  was  read 
the  second  time  and  passed.  Having  been  read  the  third  time, 
on  motion  of  Mr.  Badger  it  was  referred  to  a  select  committee, 
on  which  the  President  appointed  Messrs.  Rufiin,  Rayner,  Sat- 
terthwaite.  Strange  and  Carson. 

On  motion  of  Mr.  Badger  a  Committee,  consisting  of  Messrs. 
Badger  and  Rufiin,  was  appointed  to  wait  upon  His  Excellency, 
the  Governor,  and  inform  him  of  the  readiness  of  this  Convention 
to  proceed  to  the  dispatch  of  public  business,  and  the  willingness 
of  the  Body  to  receive  any  communication  from  him  in  relation 
to  public  afiairs,  which  he  may  deem  it  advisable  to  make. 

On  motion  of  Mr.  Satterthwaite  the  President  was  authorized 
to  fill  all  vacancies  in  the  several  committees  of  this  Convention, 
caused  by  resignation  of  members  of  the  Body. 

The  President  laid  before  the  Convention  the  letters  of 
resignation  of  Messrs.  Shaw  of  Currituck,  Lander  of  Lincoln,  and 
Grimes  of  Pitt,  received  by  him  during  the  recess,  and  informed 
the  Convention  that  he  had  issued  in  due  time,  writs  of  election 
to  fill  the  vacancies. 


6  JOURNAL   OF  THE  [2d  Session; 

Mr.  Osborne  announced  the  death  of  Azariah  C.  Stewart, 
the  delegate  to  the  Convention  from  the  County  of  Alexander, 
accompanied  with  the  following  resolutions,  which  were  unani- 
mously agreed  to  : 

Resolved.,  That  this  Convention  has  learned  with  regret  the 
death  of  A,  C.  Stewart,  the  delegate  to  this  Convention  from 
the  County  of  Alexander. 

Resolved,  That  in  the  untimely  death  of  one  so  young,  so 
amiable  and  intelligent,  with  a  life  promising  so  much  useful- 
ness to  the  coraniunity,  the  Convention  unites  its  sympathies 
witli  those  of  his  relations  and  friends,  and  will  wear  the  usual 
badge  of  mourning  for  the  space  of  thirty  days. 

Resolved,  That  these  resolutions  be  communicated  by  the 
President  to  the  family  of  the  deceased. 

On  motion  of  Mr.  Osborne,  the  President  was  directed  to 
issue  his  writ  of  election  ta  the  Sheriff  of  Alexander  County  to 
cause  an  election  to  be  held  to  fill  the  vacancy,  on  Thursday,  the 
29th  instant. 

Mr.  Hargrove  offered  the  follo"vving,  which  was  agreed  to : 

Resolved,  That  the  use  of  the  Hall  be  granted  to  Mrs.  Heav- 
lin,  of  Granville,  for  Wednesday  evening,  for  the  purpose  of 
giving  readings  from  Shakspeare,  for  the  benefit  of  the  sick  and 
\Younded  soldiers  of  North  Carolina, 

Mr.  Badger,  from  the  committee  .appointed  to  wait  upon  the 
Governor,  reported  that  the  duty  had  been  discharged — the 
Governor  expressed  his  sense  of  the  courtesy  of  the  Convention, 
and  asked  that  the  Convention  be  informed  that  at  present  he 
was  not  prepared  to  make  it  any  communication,  but  would, 
probably,  at  some  future  day,  feel  it  to  be  his  duty,  as  it  would 
be  his  pleasure,  to  confer  freely  with  the  body  upon  matters 
pertaining  to  the  interests  of  the  people. 

On  motion  of  Mr.  Batchelor,  the  Convention  adjourned  until 
to-morrow  morning  at  10  o'clock* 


# 


1861.]  STATE  CONVENTION. 


IN  CONVENTION,  Wednesday,  November  20,  1861. 

At  the  usual  hour  the  President  took  the  Chair  and  called  the 
Convention  to  order.  Prayer  by  Rev.  Mr.  Broaddus,  of  South 
Carolina. 

The  journal  of  yesterday  was  read  and  approved. 

The  President  laid  before  the  Convention  a  presentment  of  the 
Grand  Jury  of  Currituck  County,  in  relation  to  the  Act  of  the 
General  Assembly,  commonly  known  as  the  "Stay  Law,"  which, 
on  motion  of  Mr.  Biggs,  was  ordered  to  lie  on  the  table. 

Peyton  A.  Atkinson,  delegate  elect  from  the  county  of  Pitt,  to 
fill  the  vacancy  occasioned  by  the  resignation  of  Bryan  Grimes, 
presented  his  credentials  and  took  his  seat  in  the  Convention. 

Mr.  Leak,  from  the  committee  on  the  Resolution  offered  by 
him  yesterday,  made  a  report  accompanied  with  a  substitute,  and 
recommended  its  adoption,  which,  under  the  rules,  lies  over  one 
day  for  consideration. 

Mr.  Biggs  asked  the  unanimous  consent  of  the  Convention 
that  the  Resolution  be  now  considered.  Objection  being  made, 
he  moved  to  suspend  the  rules  for  that  purpose. 

On  this  question  the  ayes  and  noes  were  ordered,  and  resulted 
in  the  negative — ayes  50,  noes  38,  (two-thirds  not  voting  in  the 
affirmative,)  as  follows : 

Ayes — Messrs.  Arrington,  Battle  of  Edgecombe,  Biggs, 
Bunting,  Caldwell  of  Rowan,  Calloway,  Carson,  Cunningham, 
Darden,  Dickson,  Dillard,  Durham,  Edwards,  Foster  of  Ashe, 
Fuller,  Greenlee,  Hargrove,  Hearne,  Holmes,  Howard,  John- 
ston, Leak  of  Richmond,  McDowell  of  Burke,  McDowell  of 
Madison,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Mebane, 
Miller,  Mitchell,  Moseley,  Patterson,  Penland,  Pettigrew,  Phifer, 
Rhodes,  Royster,  Schenck,  Setzer,  Smith  of  Halifax,  Strange, 
Strong,  Sutherland,  Thompson,  Thornton,  Tracy,  Walton,  Whit- 
ford,  Williams,  Williamson  and  Wooten — 50. 

Noes — Messrs.  Allison,  Armfield,  Atkinson,  Barnes,  Batche- 

lor,    Battle    of    Wake,    Berry,   Bryson,    Christian,    Douthitt, 

Eller)  Ellison,  Foster  of  Randolph,  Gilmer,  Graham,  Green, 

Headen,  Holdeu,  Houston  of  Union,  Jonea  of  Rowan,  Joyce> 

26 


8  JOURNAL  OF  THE  f'lh  Sbssion, 

Kelly,  Kittrell,  Mann,  Manning,  Mearos,  Merritt,  Myers,  Os- 
borne, Sanders,  Sattertlwaite,  Smith  of  Johnston,  Smith  of 
Macon,  Sprouso,  Thomas  of  Carteret,  Turner,  Warren  and  Wil- 
son—38. 

Mr.  Warren  offered  the  following,  which  lies  over  one  day  : 
Resolved,  That  we  have  undiminished  confidence  in  the  courage 
and  loyalty  of  the  oflScers  a,nd  soldiers  who,  after  a  long  and 
severe  bombardment,  were  compelled  to  surrender  to  an  over- 
whelming force,  the  inadequate  defenses  at  Hatteras,  on  the  29th 
of  August  last,  and  that  they  deserve  our  thanks  for  their  gallant 
conduct. 

Mr.  Williams  offered  the  following,  which  lies  over  one  day  : 
Resolved,  That  a  committee  of  five  be  appointed  to  inquire 
into  the  expediency  of  granting  to  the  Courts  of  Pleas  and  Quar- 
ter Sessions  of  this  State,  to  allow  free  negroes  to  select  their 
own  masters  and  become  slaves,  upon  petitions  to  said  Courts  ; 
and  that  said  committee  report  by  ordinance  or  otherwise. 
Mr.  Ellison  offered  the  following,  which  lies  over  one  day  : 
Resolved,  That  on  the  day  succeeding  the  adjournment  of  the 
present  session,  all  the  officers  and  members  of  this  Convention, 
under  the  age  of  fifty  years,  not  engaged  in  the  regular  military 
service,  will  meet  at  the  Capitol  and  organize  themselves  into  a 
company,  and  tender  the  same  to  the  State  for  service  during  the 
war,  and  that  said  Company  arm  and  equip  themselves  at  their 
own  expense. 

On  motion  of  Mr.  Graham,  the  injunction  of  secrecy  was 
removed  from  the  journal  of  proceedings,  and  all  papers  con- 
sidered when  the  Convention  sat  with  closed  doors. 

The  Convention  then  proceeded  to  the  business  on  the  calendar. 
The  ordinance  relating  to  the  property  of  persons  who  have 
abandoned  and  left  the  State ; 

A  resolution  in  regard  to  a  postponement  of  all  ordinances 
proposing  amendments  to  the  Constitution  ; 

The  resolution  providing  for  the  appointment  of  a  committee 
on  amendments  to  the  Constitution  ; 

The  resolution  in  regard  to  the  Minister  of  War ; 
The  resolution  in  regard  to  a  Census  of  the  State ; 


1861.]  STATE   CONVENTION.  9 

The  resolution  declaring  the  sense  of  the  Convention  in  rela- 
tion to  the  rights  of  the  States  and  the  character  of  the  gov- 
ernment of  the  Confederate  States  ; 

The  ordinance  regarding  the  regular  sessions  of  the  General 
Assembly ; 

The  resolution  concerning  the  disposition  of  the  School  Fund 
during  the  AVar ; 

Were  severally  ordered  to  lie  on  the  table. 

The  resolution  in  regard  to  postal  affairs ; 

The  resolution  relating  to  the  printing  of  matter  not  intended 
to  be  made  public  ; 

The  resolution  providing  for  additional  clerks  to  the  Military 
Board ; 

The  resolution  relating  to  the  issue  of  Treasury  notes  ; 

The  resolution  respecting  the  arming  of  troops ; 

The  ordinance  concerning  the  employment  of  troops ; 

The  ordinance  authorizing  brevet  commissions  ; 

The  ordinance  for  the  relief  of  the  people ; 

The  ordinance  providing  for  the  raising  of  additional  State 
troops ; 

The  Resolution  in  regard  to  a  modification  of  the  Stay  Lav*  ; 

And  the  Resolution  authorizing  the  Public  Treasurer  to  borrow 
money, 

Were  severally,  on  motion,  indefinitely  postponed. 

The  Resolution  proposing  to  amend  the  Constitution  in  relation 
to  appropriations  for  internal  improvements  and  for  other  pur- 
poses, vras  read  the  second  time,  and  on  motion,  referred  to  the 
committee  on  Finance.  * 

The  resolution  relating  to  an  increase  of  the  pay  of  soldiers 
was,  on  motion  of  Mr.  Thomas  of  Jackson,  recommitted  to  the 
committee  on  Military  Affairs,  with  instruction  to  inquire  into 
the  propriety  of  the  passage  of  an  Act  in  relation  thereto,  by 
the  Confederate  Conarress. 

o 

The  Ordinance  in  relation  to  limiting  the  public  debt  being 
un  its  second  reading, 

Mr.  Barnes  moved  to  postpone  the  further  consideration  of  the 
same  until  Friday  next  at  12  o'clock,  and  it  was  not  agreed  to. 


^^> 


10  JOURNAL  OF  THE  [2d  Se?8Ion, 

On  motion  of  Mr.  Thomas  of  Jackson,  it  was  referred  to  the 
committee  on  taxation,  revenue  and  the  public  debt. 

The  President  laid  before  the  Convention  a  communication 
from  C.  n.  Brogden,  Comptroller  of  Public  Accounts,  in  re- 
.•sponse  to  a  resolution  of  the  Convention,  accompanied  with  a 
tabular  statement  ehowing  the  amounts  severally  received  from 
the  various  subjects  of  taxation  for  the  last  five  years. 

On  motion  of  Mr.  Graham,  it  was  ordered  to  lie  on  the  table, 
and  ten  copies  of  the  tabular  statement  to  be  printed  for  each 
member  of  the  Convention. 

Then,  on  motion  of  Mr.  Graham,  the  Convention  adjourned. 


IN  CONVENTION,  Thursday,  November  21,  1861. 

The  President  took  the  chair  and  called  the  Convention  to  order. 

The  journal  of  yesterday  was  read  and  approved. 

The  President  announced  that  the  following  gentlemen  were 
appointed  to  fill  vacancies  in  the  several  committees  named,  caused 
by  resignation  of  members  : 

Committee  on  the  subject  of  Taration — Messrs.  Schenck,  Cald- 
well of  Mecklenburg,  and  Holmes. 

Military  Affairs — Mr.  Lyon. 

Thirty-third  section  of  Conatitntion — Mr.  Atkinson. 

On  Eligihility  of  Clergymen  to  i<eatx  in  the  Gt  iirral  Asarm- 
lly — Mr.  Caldwell  of  Rowan. 

On  Eligihility  of  Members  of  the  General  Assembly — Mr.  Kelly. 

On  the  Address  setting  forth  the  reason  why  the  6'tate  of 
North  Carolina  severed  her  Connection  with  the  United  States — 
Messrs.  Leak  of  Richmond,  Strange  and  Howard. 

Mr.  Foster  of  Randolph  presented  a  petition  from  sundry 
citizens  of  Randolph  County,  touching  the  subject  of  the  act  of 
the  General  Assembly,  commonly  known  as  the  "  Stay  Law," 
which,  on  his  motion,  was  referred  to  a  select  committee. 

On  motion  of  Mr.  Schenck,  the  President  was  authorized  to 
appoint  a  committee  of  one  from  each  Congressional  district, 
upon  the  subject  embraced  in  the  petition  just  introduced. 


r* 


1861.]  STATE   CONVENTION.  11 

Mr.  Johnston  presented  several  petitions  from  Gaston  County 
on  the  same  subject,  which,  on  his  motion,  were  referred  to  the 
same  committee. 

Mr.  Christian  offered  the  following,  which  lies  over  one  day : 
I  Resolved,  That  our  Senators  and  Representatives  of  the  Con- 
'  federate  Congress  be  requested  to  vote  for  an  increase  of  the 
J^'Aj  of  the  common  soldiers  of  the  Confederate  army. 

Mr.  Woodfin  offered  the  following,  which,  the  rules  being  sus- 
pended, was  agreed  to : 

Resolved,  That  a  committee   of  five   be    appointed   by  the 

President  to  inquire  and  report  upon  the  supply  of  salt  in  this 

State,  and  if  found  insufficient,  that  they  inquire  and  report 

^     the  best  mode  of  relief,  and  that  they  report  by  ordinance  or 

otherwise. 

Mr.  Headcn  offered  the  following,  which  lies  over  one  day : 

Resolved,  That  a  committee  of  five  be  appointed  to  inquire 
whether  any,  and  if  any,  what  laws  or  ordinances  are  necessary 
and  proper  to  be  passed  by  this  Convention  for  the  purpose  of 
sequestrating,  confiscating,  or  otherwise  disposing  of  the  pro- 
perty of  alien  enemies,  or  of  persons  who  have  abandoned  the 
State  and  taken  refuge  among  the  enemies  of  the  Confederate 
States,  giving  them  aid  and  comfort;  that  all  propositions  now 
pending  before  the  Convention  in  relation  to  this  subject  be 
referred  to  said  committee,  and  that  said  committee  report  by 
ordinance  or  otherwise. 

Mr.  Carson  offered  the  following,  which  lies  over  one  day : 

Resolved,  That  a  committee,  to  consist  of  one  member  from 
each  Congressional  District,  be  appointed,  whose  duty  it  shall 
be  to  examine  into  the  accounts,  contracts  and  disbursements  of 
the  several  disbursing  agents  of  this  State,  from  the  first  of 
April  last  up  to  the  present  time,  and  that  said  committee  have 
power  to  send  for  persons  and  papers,  and  to  examine  witnesses 
under  oath,  and  that  said  committee  have  power  to  employ  such 
clerical  force  as  may  be  necessary,  and  make  report  of  their 
proceedings  at  the  earliest  practicable  day. 

The  substitute  presented  yesterday  by  a  committee,  for  the 
resolution  of  Mr.  Leak,  of  Richmond,  in  regard  to  adjourn- 
ment, was  taken  up. 


12  JOURNAL  OF  THE  [2d  Sbssion-, 

Mr.  Foster,  of  Randolph,  moved  that  it  lie  on  the  table. 

On  this  motion  the  ayes  and  noes  were  ordered,  on  motion  of 
Mr.  Biggs,  and  resulted  in  the  affirmative,  ayes  56,  noes  43,  as 
follows : 

Ayes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes, 
Batchelor,  Berry,  Bond,  Bryson,  Calloway,  Cannon,  Carson, 
Christian,  Dick,  Douthitt,  Eller,  Ellison,  Foster  of  Ashe,  Foster 
of  Randolph,  Gilmer,  Gorrell,  Graham,  Green,  Hamlin,  Headen, 
Hearne,  Holden,  Houston,  Jones  of  Rowan,  Joyce,  Kittrell, 
Mann,  Manning,  Meares,  Mebane,  Merritt,  Mitchell,  Myers, 
Osborne,  Patterson,  Phifer,  Rayner,  Ruffin,  Sanders,  Satterth- 
waite.  Smith  of  Johnston,  Smith  of  Macon,  Sprouse,  Spruill  of 
Tyi'rell,  Thomas  of  Carteret,  Thomas  of  Jackson,  Turner,  War- 
ren, Washington,  Wilson  and  Woodfin — 56. 

Noes — Messrs.  Atkinson,  Battle  of  Edgecombe,  Biggs,  Bun- 
ting, Cunningham,  Darden,  Dickson,  Dillard,  Durham,  Edwards, 
Fuller,  Greenlee,  Hargrove,  Holmes,  Howard,  Johnston,  Kelly, 
Leak  of  Anson,  Leak  of  Richmond,  McDowell  of  Burke, 
McDowell  of  Madison,  McNeill  of  Cumberland,  McNeill  of  Har- 
nett, Miller,  Moseley,  Penland,  Pettigrew,  Rhodes,  Royster, 
Schenck,  Setzer,  Smith  of  Halifax,  Strange.  Strong,  Suther- 
land, Thompson,  Thornton,  Tracy,  Walton,  Ward,  Williams, 
Williamson  and  Wooten — 43. 

Mr.  Badger  asked  and  obtained  leave  to  introduce  the  ordi- 
nance of  which  he  gave  notice  on  Tuesday,  viz  :  An  Ordinance 
for  suppressing  oppressing  specnlation  upon  the  present  ne- 
cessities of  the  people,  and  for  enabling  the  Governor  to  cause 
provisions  to  be  seized  for  public  use ;  which  passed  the  first 
reading,  and  was  ordered  to  lie  on  the  table  and  be  printed. 

On  motion  of  Mr.  Kittrell,  this  ordinance  was  made  the 
special  ttrder  of  the  day  for  to-morrow  at  12  o'clock. 

The  business  on  the  calendar  was  then  taken  up. 

The  ordinance  to  amend  the  Constitution  in  regard  to  calling 
the  ayes  and  noes  in  the  General  Assembly,  passed  the  thi^d 
reading  and  was  ordered  to  be  enrolled. 

The  resolution  relating  to  free  negroes  was,  on  motion  of  Mr. 
Sprouse,  referred  to  the  committee  on  the  Bill  of  Rights. 


1861.1  STATE   OONVENTION.  18 

The  resolution  to  reduce  the  pay  of  army  officers  was,  on 
motion  of  Mr.  Biggs,  referred  to  the  committee  on  Military 
Affairs. 

The  resolution  in  regard  to  the  issue  of  Treasury  notes,  being 
on  its  second  reading,  was,  on  motion  nf  Mr.  Badger,  inde- 
finitely postponed. 

The  ordinance  respecting  test  oaths,  was  read  the  second  time. 

Mr.  Ellison  moved  to  strike  out  the  third  section  thereof. 

Mr.  Ruffin  moved  to  refer  to  a  select  committee. 

Mr.  Ellison  moved  to  postpone  indefinitely. 

On  motion  of  Mr.  Ruffin  the  galleries  and  lobbies  were  cleared, 
%nd  the  Convention  proceeded  to  sit  with  closed  doors. 

After  some  time  spent  in  secret  session,  the  doors  were 
opened,  when  Mr.  Ellison  withdrew  his  motion  to  indefinitely 
postpone  the  subject  last  under  consideration  in  the  open  ses- 
sion, and  the  question  recurring,  on  the  motion  of  Mr.  Ruffin, 
to  refer  it  to  a  select  committee,  was  decided  in  the  affirmative. 

The  President  announced  the  following  to  constitute  the  com- 
mittee, viz :  Messrs.  Biggs,  Badger,  Graham,  Rayner  and 
Woodfin. 

And  then,  on  motion,  the  Convention  adjourned. 


IN  CONVENTION,  Friday,  November  22,  1861. 

The  President  took  the  chair  and  called  the  Convention  to 
order. 

The  journal  of  yesterday  was  read  and  approved. 

T.  B.  Lyon,  delegate  elect  from  Granville  County,  to  fill  the 
vacancy  occasioned  by  the  resignation  of  Hon.  A.  W.  Venablo, 
appeared,  produced  his  credentials,  and  took  his  seat. 

Mr.  Woodfin  offered  the  following,  which  lies  over  one  day: 

Mesolvedf  That  a  committee  of  ten  be  appointed — one  from 
each  Congressional  District  in  the  State — to  take  into  considera- 
tion the  basis  of  representation  in  the  Senate  and  House  of 
Commons  of  the  State  Legislature ;  and  that  they  report  such 
amendments  to  the  Constitution  as  to  give  every  section  of  the 


14  JOURNAL  OF  THE  [2d  Session, 

State  a  just  and  equitable  representation,  having  due  regard  to 
population  and  taxation. 

Mr.  Schcnck  offered  the  following,  which  lies  over  one  day: 

Resolved^  That  the  sixth  article  of  the  Constitution  be  so 
amended  as  to  strike  out  the  land  qualification  for  members  of 
the  House  of  Commons,  and  insert  a  property  qualification 
according  to  value. 

Mr.  Thomas,  of  Jackson,  offered  the  following,  which  lies 
over  one  day : 

Resolved,  That,  whereas,  there  remains  in  the  State  a  small 
remnant  of  the  Cherokee  tribe  of  Indians,  under  the  guaran- 
tees of  the  State,  as  expressed  in  the  act  of  1783,  which  guarr 
antied  the  title  of  their  lands,  and  under  their  ancient  usages  and 
customs,  the  right  to  govern  their  own  people,  embracing  the 
portion  of  the  State  in  which  they  now  reside ;  and,  whereas, 
under  the  subsequent  treaty  concluded  with  the  tribe,  by  Gen. 
Andrew  Jackson,  Commissioner  on  the  part  of  the  United 
States,  in  the  year  1817,  article  8 ;  treaty  of  1819,  article  2 ; 
treaty  of  1835,  article  12;  treaty  of  1846,  article  9;  the  United 
States,  as  one  of  the  considerations  for  the  valuable  concessions 
of  lands  made  for  the  benefit  of  this  State  under  those  treaties, 
guarantied  to  those  Indians  the  right  to  become  citizens  of  the 
United  States,  and  of  the  State  of  North  Carolina;  and, 
whereas,  a  question  has  arisen,  growing  out  of  the  secession  of 
this  State,  as  to  the  political  condition  of  those  Indians,  and  to 
what  government  they  owe  allegiance ;  whether  under  the  treaty 
it  be  due  to  the  United  States  government,  or  whether,  under 
the  act  of  secession  it  be  due  as  citizens  of  the  State  to  the 
government  of  the  State,  and  under  the  Constitution  of  the 
Confederate  States,  article  1,  to  the  Confederate  States  of 
America.  For  the  purpose  of  ascertaining  the  facts  and  making 
such  amendments  to  the  Constitution  and  laws  of  the  State  as 
may  be  deemed  necessary  for  the  preservation  of  good  faith  on 
the  part  of  the  State,  and  at  the  same  time  justify  those  Indians, 
agreeably  to  the  laws  of  nations,  in  taking  up  arms  in  defense 
of  the  rights  of  the  States  against  her  enemies,  the  President 
be  authorized  to  appoint  a  select  committee  of  one  member 


1861.]  STATE   CONVENTION.  15 

from  each  Congressional  District  to  inquire  into  and  report 
such  ordinance  or  ordinances  as  may  be  deemed  necessary  to 
accomplish  those  objects. 

Mr.  Jones,  of  Rowan,  offered  the  following,  which  lies  over 
one  day  : 

Resolved^  That  we,  the  Delegates  of  the  people  of  North 
Carolina,  in  Convention  assembled,  entertain  an  undiminished 
confidence  in  the  justice  of  the  cause  for  which  we  have  taken 
up  arms,  and  we  hold  it  to  be  the  duty  of  the  people  of  these 
Southern  States  to  maintain  and  uphold  that  cause  with  all  the 
means  they  can  command  : 

That  in  behalf  of  the  people  of  North  Carolina,  we  declare  to 
our  sister  States  of  this  Confederacy,  and  to  the  world,  that  no 
measure  of  loss — no  sacrifice  of  life  or  property  ;  no  privation, 
or  want,  or  suffering,  shall  cause  us  to  shrink  from  the  perform- 
ance of  our  whole  duty  in  the  achievement  of  our  independence : 

That  from  the  cruel  and  barbarous  manner  in  which  our  ene- 
mies have  carried  on  this  war ; — a  war  in  which  aged  and 
dignified  men,  and  helpless  women,  have  been  seized,  and  with- 
out accusation  or  warrant  of  authority,  cast  into  prison  ; — in 
which  private  property  has  been  wantonly  destroyed  ; — in  which 
robbery  and  arson  are  principal  means  of  aggression ;  and  in 
which  servile  insurrection  has  been  proclaimed,  we  are  convinced 
there  is  a  "social  incompatibility"  between  such  a  people  and 
ourselves  ;  that  from  them  "our  separation  is  final,  and  for  the 
independence  we  have  asserted,  we  will  accept  no  alternative." 

Resolved^  That  we  have  full  confidence  in  the  wisdom,  inte- 
grity and  patriotism  of  the  President  of  the  Confederate  States, 
and  we  congratulate  him  and  our  whole  country  upon  the  success 
with  which  he  has  administered  the  government. 

That  to  the  ofiiccrs  and  soldiers  who  have  gone  forth  to  meet 
the  dangers  of  this  war,  we  are  under  a  deep  debt  of  gratitude 
for  the  valor  and  fortitude  with  which  they  have  defended  us 
from  the  assaults  of  our  enemies  and  illustrated  the  glory  of  our 
arms. 

Resolved,  That  a  copy  of  these  resolutions  be  sent  to  our 
Representatives  in  Congress,  with  a  request  that  they  be  com- 
27  'V 


16  JOURNAL   OF   THE  [2d  Session, 

municated  to  His  Excellency,  the  President  of  the  Confederate 
States,  and  to  Congress. 

Mr.  Schenck  moved  to  suspend  the  rules  so  that  said  Re- 
solutions be  now  considered,  and  it  -vvas  not  agreed  to. 

Mr.  Graham  offered  the  following,  which,  the  rules  being 
suspended,  was  now  considered  : 

Resolved,  That  committees  be  appointed,  to  whom  shall  be 
made  the  references  folloAving,  to-wit : 

1st.  A  committee  of members,  to  be  styled  the  Legis- 
lative Committee,  to  whom  shall  be  referred  all  such  parts  of 
the  Constitution  of  the  State  as  relate  to  the  legislative  depart- 
ment of  the  government ;  the  apportionment  and  election  of  its 
members ;  its  powers  and  restrictions  thereon ;  the  rules  of  its 
proceedings,  &c.,  and  that  all  propositions  of  amendment  in  this 
department  be  referred  to  said  committee. 

2d.  A  committee  of members,  to  be  styled  the  Executive 

Committee,  to  whom  shall  be  referred  all  such  parts  of  the  Con- 
stitution as  relate  to  the  Executive  Department,  includmg  those 
which  relate  to  the  offices  of  Secretary  of  State  and  Treasurer  ; 
and  that  all  propositions  of  amendment  be  referred  to  said 
committee. 

3d.  A  committee  of members,  to  be  styled  the  Judiciary 

Committee,  to  whom  shall  be  referred  all  such  parts  of  the  Con- 
stitution as  relate  to  the  Jiidicial  Department,  including  the 
appointment,  removal  and  compensation  of  Judges,  and  likewise 
such  parts  as  relate  to  the  office  of  Attorney  General,  the 
exemption  of  honest  debtors  from  imprisonment,  bail  to  prison- 
ers, and  that  all  propositions  of  amendment  in  these  several 
particulars  be  referred  to  said  committee. 

4th.  That  so  much  of  said  Constitution  as  relates  to  Justices 
of  the  Peace,  be  referred  to  the  committee  on  Justices. 

5th.  That  as  much  thereof  as  relates  to  the  modes  of  amend- 
ing the  Constitution,  be  referred  to  a  select  committee. 

6th.  That  so  much  thereof  as  relates  to  the  condition  and 
rights  of  foreigners  in  this  State ;  to  schools  and  universities, 
and  to  other  subjects  not  embraced  within  the  foregoing  Reso- 
lutions, be  referred  to  a  select  committee ; 


1861.]  STATE   CONVENTION.  17 

And  that  said  several  committees  have  leave  to  report  by 
Ordinance  to  this  Convention. 

On  motion  of  Mr.  Thomas,  of  Jackson,  the  several  blanks  in 
the  foregoing  resolutions  were  filled  with  the  word?,  "tfn,  one 
from  each  Congressional  District." 

The  resolution,  as  amended,  was  then  agreed  to,  ayes  5<). 
noes  31,  and  were  ordered  to  be  printed. 

Mr.  Smith,  of  Macon,  introduced  an  ordinance  to  repeal  the 
14th  chapter  of  the  acts  of  the  second  special  session  of  the 
General  Assembly,  entitled  "an  act  to  alter  the  rules  of  evi- 
dence as  applicable  to  Indians,"  which  passed  its  first  reading 
and  was  ordered  to  be  printed. 

Mr.  Headen  introduced  "  an  ordinance  to  add  a  section  to 
the  Constitution  of  the  State,*^  which  passed  its  first  reading 
and  was  ordered  to  be  printed. 

The  resolution  oflfered  by  Mr.  Headen,  on  yesterday,  in  rela- 
tion to  the  property  of  aliens,  was  then  taken  up,  and,  on 
motion  of  Mr.  Badger,  ordered  to  lie  on  the  table. 

Mr.  Leak,  of  Kichmond,  offered  the  following,  which  Avas 
agreed  to : 

Resolvedy  That  the  employees  of  the  Raleigh  Register  ofiicc 
be  relieved  from  militia  drill  during  the  sitting  of  the  Conven- 
tion, in  order  to  enable  the  printer  to  do  the  printing  of  the 
Convention. 

Mr.  Meares  offered  the  following,  which  was  agreed  to : 

Resolved^  That  the  ladies  of  Raleigh  shall  have  the  use  of 
the  Hall  of  the  House  of  Commons,  on  Tuesday  next,  from 
and  after  one  o'clock. 

The  order  of  the  day,  being  the  ordinance  heretofore  intro- 
duced by  Mr.  Badger,  to  suppress  speculation,  &c.,  w\as  then 
taken  up. 

Mr.  Badger  oftered  the  following  amendment:  Insert  in  the 
first  section,  after  the  words  "necessitous  persons,"  in  line  12, 
the  following :  "  And  whosoever,  having  in  his  hands  or  under 
his  control  any  of  the  before-mentioned  articles,  not  intended 
for  his  own  use  or  that  of  his  family  and  dependents,  or  for 
some  such  charitable  use  as  aforesaid,  shall  refuse  to  sell  the 


18  JOURNAL  OF  THE  [2d  Session, 

same  to,  or  shall  ask  or  demand  therefor,  unreasonable  prices, 
from  any  person  or  persons  desiring  to  purchase  for  their  own 
personal  use  or  for  that  of  their  families  or  dependents,  or  for 
such  charitable  use  as  aforesaid." 

Mr.  RuflSn  moved  to  amend  the  amendment  by  inserting  after 
the  word  "control,"  in  the  second  line,  the  words,  "by  the 
means  aforesaid,"  on  which  the  ayes  and  noes  ordered. 

Messrs.  Leak,  of  Richmond,  and  Badger  gave  notice  of 
amendments  they  would  offer  at  the  proper  time,  which  were 
read  for  information,  and  ordered  to  be  printed. 

Pending  the  consideration  of  the  subject,  the  Convention 
adjourned. 


IN  CONVENTION,  Saturday,  November  23,  1861. 

The  President  took  the  Chair  and  called  the  Convention  to 
order. 

The.  journal  of  yesterday  was  read  and  approved. 

Mr.  Turner  presented  a  petition  from  citizens  of  Moore 
County  on  the  subject  of  the  Stay  Law  passed  by  the  General 
Assembly,  which,  on  his  motion,  was  referred  to  the  committee 
on  that  subject. 

Mr.  Rafiin  presented  a  petition  from  citizens  of  Alamance 
County  on  the  same  subject,  which,  on  his  motion,  was  referred 
to  the  same  committee. 

Mr.  Satterthwaite  offered  the  following,  which  lies  over  one 
day: 

Whereas,  A  tax  of  fifty  cents  on  every  hundred  dollars 
worth  of  property  in  North  Carolina  has  been  laid  by  the  Con- 
federate Government,  to  be  paid  in  specie,  or  in  Treasury  notes 
of  the  Confederate  Government ;  and  whereas,  the  present 
financial  embarrassment  and  general  depreciation  in  the  price  of 
productions  of  the  country  renders  it  almost  certain  that  the 
people  will  not  be  able  to  make  said  payments  in  the  manner 
and  at  the  time  required  without  producing  serious  pecuniary 
distress ;  be  it,  therefore, 


1861.]  STVVTE    CONVENTION.  19 

Resolved,  That  a  committee  of  five  be  appointed  by  the  Pre- 
sident, whose  duty  it  shall  be  to  inquire  into  the  propriety  and 
practicability  of  this  Convention  providing  for  the  payment  of 
said  tax,  so  as  to  afford  some  relief  to  the  people ;  and  that 
they  report  by  ordinance  or  otherwise. 

Mr.  Thomas,  of  Jackson,  offered  an  ordinance  to  enlarge  the 
powers  of  Justices  of  the  Peace,  which  passed  the  first  readintj-. 

Mr.  Biggs,  from  the  committee  to  whom  was  referred  an 
*' Ordinance  respecting  Oaths,"'  made  a  report  thereon,  accom- 
panied with  a  substitute  therefor,  recommending  its  passage  ; 
which  report  and  ordinance,  on  motion  of  Mr.  Gorrell,  were 
ordered  to  lie  on  the  table  and  be  printed. 

Mr.  Thomas,  of  Jackson,  offered  the  following,  which  lies  over 
one  day: 

Resolved,  That  a  committee  of  five  members  be  appointed  by 
the  President  to  take  into  consideration,  all  repeals  of,  or  amend- 
ments to,  the  Ats  of  the  General  Assembly,  and  that  it  be  their 
duty  to  report  thereon  to  the  Convention. 

Mr.  Pettigrew  introduced  an  Ordinance  in  relation  to  the 
appointment  and  commissioning  of  militia  officers,  which  passed 
its  first  reading  and  was  ordered  to  be  printed. 

The  Resolution  introduced  yesterday  by  Mr.  Carson,  was  then 
taken  up,  amended,  on  motion  of  Mr.  Graham,  by  providinn- 
that  the  committee  proposed  to  be  raised  should  consist  of  five 
members  instead  oi^ten,  and  was  then  agreed  to. 

Mr.  Meares  offered  the  following  Resolution,  which  passed  its 
first  reading : 

Resolved,  That  the  Governor  be,  and  he  is  hereby  authorized 
to  transfer  to  Col.  AV.  J.  Green's  Independent  Regiment  of 
North  Carolina  Volunteers,  such  military  companies  as  have 
been  accepted  and  not  assigned  to  any  other  regiments. 

The  rules  were  suspended  and  the  Resolution  read  the  second 
time. 

Mr.  Howard  moved  to  amend  the  same  as  follows:  *'  Provided 
that  no  member  of  a  company  shall  be  required  to  join  said 
service  without  his  consent,"  which  was  agreed  to. 

Mr.  Graham  moved  to  add  to  the  amendment  just  adopted  the 
words,  "given  in  writing,"  which  was  also  agreed  to. 


20  JOURNAL   OF   THE  [2d  Session, 

Mr.  Ferebee  moved  to  postpone  the  further  consideration  of 
the  subject  until  Monday  next,  which  was  not  agreed  to. 

The  Resolution  then  passed  the  second  reading  and  was  read 
the  third  time. 

Mr.  Ruffin  moved  to  insert  after  the  word,  "Governor,"  the 
words,  "  if  he  shall  deem  it  proper,"  which  was  agreed  to. 

Mr.  Howard  moved  to  strike  out  the  words  inserted  on  his 
motion  on  the  second  reading,  and  it  was  not  agreed  to. 

The  Resolution  then  passed  the  third  reading  and  was  ordered 
to  be  enrolled. 

The  Ordinance  to  suppress  speculation,  &c.,  was  taken  up. 

Mr.  Howard  gave  notice  of  certain  amendments  which  he 
would  offer  at  the  proper  time,  which  were  read  for  information 
and  ordered  to  be  printed. 

The  further  consideration  of  the  subject  was  then  postponed 
until  Monday  at  12  o'clock. 

On  motion  of  Mr.  Rayner,  the  ordinance  heretofore  intro- 
duced by  him,  to  provide  for  the  immediate  wants  of  the 
Treasury,  was  made  the  special  order  for  Tuesday  next,  at  12 
clock. 

Then,  on  motion  of  Mr.  Green,  the  Convention  adjourned 
until  Monday. 


■  ''      IN  CONVENTION,  Monday,  November  26,  1861. 

The  President  took  the  chair  and  called  the  Convention  to 
order.  Prayer  by  Rev.  Joseph  M.  Atkinson,  of  the  Presby- 
terian Church, 

The  journal  of  Saturday  was  read  and  approved. 

The  President  announced  the  following  committees : 

On  the  Legislative  Department — Messrs.  Graham,  Rayner, 
Smith  of  llalifiix,  Strong,  Mearcs,  Brown,  Foster  of  Randolph, 
Caldwell  of  Rowan,  McDowell  of  Burke,  and  Woodfin. 

On  the  Executive  Department — Messrs.  Howard,  Dillard, 
Green,  Leak  of  Richmond,  Arrington,  Gilmer,  Headen,  Miller, 
Calloway  and  Greenlee. 


1861.]  STATE   CONVENTION.  21 

O71  the  Judical  Department — Messrs.  Ruffin,  Biggs,  Battle 
of  Edgecombe,  Sanders,  Strange,  Mitchell,  Badger,  Kittrell, 
Johnston  and  McDowell  of  Madison. 

On  the  modes  of  amending  the  Constitution — Messrs.  Osborne, 
Barnes,  Warren,  Thompson,  McNeill  of  Cumberland,  Holden, 
Cunningham,  Leak  of  Anson,  Phifer,  Armfield  and  Smith  of 
Macon. 

On  the  Stay  Law — Messrs.  Schenck,  Walton,  Ellison,  Ward, 
Holmes,  Royster,  Mebane,  Turner,  Jones  of  Caldwell  and 
Thomas  of  Jackson. 

On  Foreigners^  Schools,  ^e. — Messrs.  Pettigrew,  Gorrell, 
Bunting,  Thornton  and  Patterson. 

On  Army  Contracts — Messrs.  Satterthwaite,  Carson,  Dick- 
son, Jones  of  Rowan  and  Setzer. 

On  pay7nent  of  the  Confederate  Tax — Messrs.  Satterthwaite, 
Dick,  Hargrove,  Ferebec  and  Long. 

Mr.  Ferebee  offered  the  following : 

Resolved,  That  the  Governor  be  authorized  and  requested  to 
accept  the  services  of  four  additional  companies  of  twelve 
months  volunteers,  and  to  offer  the  same  to  be  attached  to  the 
six  companies  now  stationed  near  Portsmouth,  Virginia,  and 
commanded  by  Lt,  Col.  William  T.  Williams. 

Resolved,  That  the  companies  of  said  regiment  be  entitled 
to  the  same  bounty  and  pay  as  are  provided  in  an  act  of  the 
General  Assembly,  entitled  "  an  act  to  provide  for  the  public 
defense,"  ratified  on  the  tenth  day  of  May,  1860. 

The  resolutions  were,  on  motion,  referred  to  the  committee  on 
military  affairs. 

Mr.  Osborne  offered  the  following,  which  lies  over  one  day : 

Resolved,  That  the  committee  on  military  affairs  be  instructed 
to  enquire  into  the  expediency  of  exempting  from  military  duty, 
all  operatives  now  engaged  in  the  various  factories  of  this  State, 
employed  in  furnishing  manufactured  articles  for  the  State  or 
Cenfederate  government. 

Mr.  Manning  introduced  an  ordinance  providing  for  an  ex- 
change of  bonds  and  for  other  purposes,  which  passed  its  first 
reading  and  was,  on  motion,  referred  to  the  committee  on  the 
Coalfields  connection. 


22  JOURNAL  OF  THE  [2d  Session, 

On  motion  of  Mr.  Manning,  the  President  was  authorized  to 
appoint  two  additional  members  on  said  committee. 

On  motion  of  Mr.  Headen,  the  various  subjects  reported  on 
at  the  last  session  by  said  committee  were  recommitted  to  the 
committee  on  the  Coalfields  connection. 

Mr.  Gorrell  introduced  an  ordinance  concerning  the  Superior 
Courts  of  Law,  and  the  Supreme  Court,  which  passed  its  first 
reading  and  was,  on  motion,  referred  to  the  committee  on  Judi- 
cial questions. 

The  resolution  of  Mr.  Satterthwaite  in  relation  to  the  Con- 
federate Tax  was  then  taken  up  and  agreed  to,  and  the  Presi- 
dent announced  the  committee,  the  list  of  which  is  to  be  found 
in  a  preceding  part  of  this  day's  journal. 

On  motion  of  Mr.  Ruffin,  the  resolution  introduced  during  the 
last  session,  relating  to  appropriations,  was  referred  to  the  Leg- 
islative committee. 

On  motion  of  Mr.  Ellison,  the  committee  on  certain  sections 
of  the  Bill  of  Rights  were  discharged  from  the  further  consid- 
eration of  the  subject,  and  the  same  was  referred  to  the  Legis- 
lative committee.  ^ 

The  ordinance  to  add  another  section  to  the  Constitution  was, 
on  motion  of  Mr.  Headen,  referred  to  the  same  committee. 

The  resolution  in  relation  to  reprieves,  pardons,  &c.,  was,  on 
motion,  referred  to  the  Executive  committee. 

The  resolution  proposing  a  reduction  in  the  number  of  the 
members  of  the  General  Assembly,  and  a  classification  of  Sena- 
tors, was,  on  motion^  referred  to  the  Legislative  committee. 

The  ordinance  concerning  the  appointment  and  commission- 
ing of  militia  ofiicers,  was  read  the  second  time,  and  on  motion^ 
referred  to  the  committee  on  Military  Afiairs. 

The  ordinance  to  enlarge  the  powers  of  Justices  of  the  Peace 
was  read  the  second  time,  and,  on  motion,  referred  to  the  com- 
mittee on  Justices  of  the  Peace. 

The  Resolutions  of  confidence  in  the  justice  of  our  cause, 
and  the  patriotism  and  integrity  of  the  administration  were 
then  adopted  unanimously,  on  a  call  of  the  ayes  and  noes, 
ordered  on  motion  of  Mr.  Satterthwaite,  as  follows  : 


1861.]  STATE   CONVENTION.  '     23 

Ayes — Messrs.  Allison,  Armfield,  Arrington,  Atkinson, 
Barnes,  Batchelor,  Battle  of  Edgecombe,  Battle  of  Wake, 
Berry,  Biggs,  Bond,  Brown,  Bryson,  Bunting,  Calloway,  Can- 
non, Carson,  Cunningham,  Darden,  Dick,  Dickson,  Dillard, 
Douthitt,  Durham,  Edwards,  Eller,  Ellison,  Ferebee,  Fuller, 
Gilmer,  Gorrell,  Graham,  Green,  Greenlee,  Hargrove,  Ileaden, 
Hearne,  Hicks,  Holden,  Houston,  Johnston,  Jones  of  Caldwell, 
Jones  of  Rowan,  Joyce,  Kelly,  Leak  of  Anson,  Leak  of  Rich- 
mond, Long,  Lyon,  Mann,  Manning,  McDoAvell  of  Burke, 
McDowell  of  Madison,  McNeill  of  Cumberland,  McNeill  of 
Harnett,  Mearcs,  Mebane,  Merritt,  Miller,  Mitchell,  Moseley, 
Myers,  psborne,  Patterson,  Penland,  Pettigrew,  Phifcr,  Rayner, 
Rhodes,  Royster,  Ruffin,  Sanders,  Satterthwaite,  Schenck, 
Setzer,  Smith  of  Halifax,  Smith  of  Johnston,  Smith  of  Macon, 
Sprouse,  Spruill  of  Tyrrell,  Strange,  Strong,  Sutherland, 
Thomas  of  Carteret,  Thomas  of  Jackson,  Thornton,  Turner, 
Walton,  Ward,  Warren,  Whitford,  Williams,  Williamson,  Wilson, 
Woodfin  and  Wooten — 93. 

The  ordinance  relating  to  eligibility  of  members  of  the  Gene- 
ral Assembly,  was,  on  motion,  referred  to  the  Legislative  com- 
mittee. 

The  ordinance  declaring  the  political  status  of  citizens  of  the 
State  holding  office  under  the  government  of  the  United  States, 
was,  on  motion,  referred  to  a  select  committee. 

The  ordinance  relating  to  the  eligibility  of  preachers  of  the 
gospel  to  seats  in  the  General  Assembly,  was,  on  motion,  refer- 
red to  the  Legislative  committee. 

The  resolution  in  regard  to  certain  lands  in  Haywood  County, 
owned  or  claimed  by  alien  enemies,  was,  on  motion  of  Mr. 
Strong,  referredlo  a  select  committee. 

The  ordinance  to  repeal  the  14th  chapter  of  the  acts  of  the,__ 
V  General  Assembly,  passed  at  its  pecond  special .  sesaion,  was 
Vhen  read  the  second  time.  S*^^"*-^   ^  u---^^   K.-^-fe- 

Pending  the  consideration  thereof,  the  hour  arrived  for  the 
consideration  of  tlie  special  order,  being  the  ordinance  to  sup- 
press speculation,  when,  on  motion  of  Mr.  Badger,  the  same 
28 


24  JOURNAL  OF  THE  [2d  Session, 

was  postponed  to  allow  the  Convention  to  dispose  of  the  pend- 
ing subject. 

Mr.  Thomas,  of  Jackson,  moved  to  refer  the  ordinance  to  a 
select  committee,  which  was  not  agreed  to. 

Mr.  Biggs  moved  that  the  subject  lie  on  the  table,  on  which 
motion  the  ayes  and  noes  were  ordered,  and  resulted  in  the 
negative,  ayes  32,  noes  GQ,  as  follows  : 

Ayes — Messrs.  Battle  of  Edgecombe,  Biggs,  Brown,  Bimt-_ 
ing,  Darden,  Dickson,  Dillard,  Durham,  Edwards,  Fuller,  Green, 
Johnston,  Jones  of  RoAvan,  Kelly,  McDowell  of  Burke,  McNeill 
of  Cumberland,  Moseley,  Patterson,  Penland,  Pettigrew,  Phifer, 
Rayner,  Rhodes,  Strange,  Strong,  Sutherland,  Thornton, 
Turner,  Ward,  Williamson,  Woodfin  and  Wooten — 32. 

Noes — Messrs.  Allison,  Armfield,  Arrington,  Atkinson,  Bad- 
ger, Barnes,  Batchelor,  Battle  of  Wake,  Berry,  Bond,  Bryson, 
Calloway,  Cannon,  Carson,  Cunningham,  Dick,  Douthitt,  Eller, 
Ellison,  Ferebee,  Foster  of  Ashe,  Gilmer,  Gorrell,  Graham, 
Greenlee,  Hargrove,  Headen,  Hearne,  Hicks,  Holden,  Hous- 
ton, Jones  of  Caldwell,  Joyce,  Kittiell,  Leak  of  Anson,  Leak 
of  Richmond,  Long,  Lyon,  Mann,  Manning,  McDowell  of 
Madison,  Meares,  Mebane,  Merritt,  Miller,  Mitchell,  Myers, 
Osborne,  Royster,  Ruflfin,  Sanders,  Satterthwaite,  Schenck, 
Setzer,  Smith  of  Halifax,  Smith  of  Johnston,  Smith  of  Macon, 
Sprouse,  Spruill  of  Tyrrell,  Thomas  of  Carteret,  Thomas  of 
Jackson,  Walton,  Warren,  Whitford,  Williams  and  Wilson — 66. 
After  some  further  discussion,  Mr.  Biggs  moved  to  proceed 
to  the  orders  of  the  day,  which  Avas  not  agreed  to. 

Mr.  Thomas,  of  Jackson,  moved  that  the  Convention  adjourn, 
which  was  not  agreed  to. 

The  ordinance  then  passed  the  second  reading. 
On  motion  of  Mr.  Badger,  the  rules  were  suspended,  and  the 
ordinance  passed  the  third  reading,  and  was  ordered  to  be 
enrolled. 

A  message  was  received  from  his  Excellency  the  Governor, 
through  the  hands  of  Pulaski  Cowper,  Esq.,  his  Private  Secre- 
tay,  which,  on  motion,  was  referred  to  the  committee  on  the 
immediate  wants  of  the  Treasury. 


1861.]  STATE  CONVENTION.  25 

On  motion  of  Mr.  Badger,  the  ordinance  on  the  subject  of 
finances,  which  had  been  made  the  special  order  for  to-morrow 
at  12  o'clock,  was  made  the  order  for  half-past  10  o'clock,  A.  M. 

On  motion  of  Mr.  Ferebee,  the  Convention  adjourned. 


IN  CONVENTION,  Tuesday,  November  26,  1861. 

The  President  took  thq  Chair  and  called  the  Convention  to 
order.  Prayer'  by  Rdv.  Henry  Ilardie,  of  the  Presbyterian 
Church. 

The  journal  of  yesterday  was  read  and  amended. 

The  President  announced  the  following  committees: 

On  the  political  status  of  citizens  of  this  State  who  hold  office 
under  the  United  States — Messrs.  Rayncr,  Battle  of  Wake, 
Williamson,  Osborne  and  Batchelor. 

On  Resolutions  relating  to  a,  change  in  the  Bill  of  Rights — 
Messrs.  Ellison,  Badger,  Holmes,  Ruffin  and  Dick. 

On  lands  in  Haywood  County  belonging  to  alien  enemies — 
Messrs.  Strong,  Hicks,  Fuller,  Headen,  Wilson. 

On  Coalfields  Road  {additional) — Messrs.  Gilmer  aud  Barnes. 
;;:,■  On  motion  of  Mr.  Biggs,  the  Secretary  was  instructed  to 
have  printed  a  list  of  the  committees  of  this  body. 

Mr.  Ferebee  offered  the  following,  which  lies  over  one  day  : 

Resolved^  That  the  committee  on  the  condition  and  rights  of 
foreigners  in  this  State,  be  instructed  to  report  an  ordinance, 
declaring- — 

1st.  That  no.  one  who  shall  become  a  citizen  of  the  Confede- 
rate States  of  America,  after  the'  close  of  the  existing  war,  shall 
be  entitled  to  vote  until  he  has  been  a  resident  thereof  for 
twenty-one  years. 

2d.  That  no  such  person  shall  be  eligible  to  a  seat  in  either 
branch  of  the  General  Assembly,  to  the  office  of  Governor,  or 
Judge  of  the  Superior  or  Supreme  Court. 

The  hour  having  arrived  for  taking  up  the  special  order  of 
the  day,  the  same  was,  oh  motion  of  Mr.  Ruffin,  postponed  until 
to-morrow  at  half-past  10  o'clock. 


26  JOURNAL  aF  THE  [2d  Session, 

Mr.  Graham  offered  the  following  : 

Resolved,  That  the  committee  on  the  Judiciary  be  instructed 
to  inquire  into  the  expediency  of  providing  for  separate  courts 
of  justice  in  all  cities  and  towns  having  more  than  two  thousand 
inhabitants. 

On  his  motion  the  rules  were  suspended  and  the  resolution 
was  agreed  to. 

The  ordinance  to  amend  the  6th  section  of  the  Constitution, 
was,  on  motion  of  Mr.  Schenck,  referred  to  the  Legislative 
committee. 

The  ordinance  to  amend  the  13th  section  of  the  Constitution 
Avas,  on  motion  of  Mr.  Smith,  of  Johnston,  referred  to  the 
Judicial  committee. 

The  resolution  of  Mr.  Ellison,  relating  to  a  volunteer  com- 
pany to  be  composed  of  the  oflacers  and  members  of  the  Con- 
vention, was,  on  motion,  ordered  to  lie  on  the  table. 

The  ordinance  heretofore  offered  by  Mr.  Badger,  to  suppress 
speculation,  &c,,  was  taken  up  for  consideration,  the  pending 
question  being  on  the  amendment  offered  by  Mr.  Ruffin  to  an 
amendment  proposed  by  Mr.  Badger,  on  which  the  ayes  and  noes 
had  been  ordered,  and  were  now  taken,  and  resulted  in  the 
affirmative,  ayes  83,  noes  17,  as  follows : 

Ayes — Messrs.  Allison,  Arrington,  Atkinson,  Barnes,  Batche- 
lor,  Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Biggs,  Bond, 
Brodnax,  Brown,  Bryson,  Bunting,  Calloway,  Cannon,  Cunning- 
ham, Darden,  Dick,  Dickson,  Dillard,  Douthitt,  Durham,  Ed- 
wards, Eller,  Ellison,  Ferebee,  Foster  of  Ashe,  Foy,  Fuller, 
Gilmer,  Gorrell,  Graham,  Hargrove,  Headen,  Hicks,  Houston, 
Johnston,  Jones  of  Caldwell,  Jones  of  Rowan,  Joyce,  Kittrell, 
Leak  of  Anson,  Leak  of  Richmond,  Long,  Lyon,  Mann,  Mc- 
Dowell of  Burke,  McDowell  of  Madison,  McNeill  of  Cumberland, 
Meares,  Mebane,  Merritt,  Miller,  Moseley,  Myers,  Osborne, 
Pettigrew,  Phifer,  Rhodes,  Royster,  Ruffin,  Sanders,  Satter- 
thwaite,  Schenck,  Setzer,  Shipp,  Smith  of  Halifax,  Smith  of 
Macon,  Sprouse,  Strong,  Sutherland,  Thornton,  Turner,  Wal- 
ton, Ward,  Warren,  Washington,  Williams,  Williamson,  Wilson, 
Woodfin  and  Wooten— 83. 


1861.]  STATE   CONVENTION.  2T 

Noes — Messrs.  Armfield,  Badger,  Carson,  Green,  Greenlee, 
Hearne,  Holden,  Kelly,  Moody,  Patterson,  Pcnland,  Rayner, 
Smith  of  Johnston,  Spruill  of  Tyrrell,  Strange,  Thomas  of 
Cateret,  and  Whitford — 17. 

The  question  being  then  upon  the  amendment  as  amended,  it 
was  agreed  to. 

Mr.  Badger  now  moved  to  amend  as  follows :  Insert  at  the 
end  of  the  10th  line,  after  the  word,  "  consumption,*'  the  words, 
"or  for  sale  at  reasonable  prices,"  which  was  agreed  to. 

Mr.  Batchelor  moved  to  amend  by  striking  out  the  word, 
"prices,"  in  the  8th  line,  and  inserting  the  word,  "  profits," 

Pending  the  consideration  of  which  the  hour  arrived,  when, 
according  to  a  resolution  previously  agreed  to,  the  Convention 
adjourned. 


IN  CONVENTION,  Wednesday,  November  27,  1861. 

The  Convention  met,  the  President  in  the  Chair.  Prayer  by 
Rev.  Joel  W.  Tucker,  of  the  M.  E.  Church,  South. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Jones,  of  Caldwell,  presented  a  petition  from  sundry  citi- 
zens of  Caldwell  County,  praying  relief  from  the  operations  of 
the  Stay  Law,  by  a  repeal  of  the  same,  which  was  read  and 
referred  to  the  committee  on  that  subject. 

Mr.  Sanders  offered  the  following,  which  lies  over  one  day  : 

Resolved,  That  from  and  after  to-morrow,  this  Convention 
will  meet  daily  at  10  o'clock,  a.  m.,  and  adjourn  at  2,  p.  m., 
re-assemble  at  4  o'clock  and  adjourn  at  its  discretion. 

Mr.  Warren  offered  the  following  : 

Resolved,  That  the  Constitution  ought  to  be  amended  by 
striking  out  the  whole  of  the  second  clause  of  section  1,  of  the 
4th  article  of  the  amendments  to  the  Constitution,  which'  on  his 
motion  was  referred  to  the  committee  on  the  mode  of  amending 
the  Constitution. 

Mr.  Warren  also  offered  the  following,  which  lies  over  one  day  : 


28  ,         JOURNAL  OF  THE  [2d  Session, 

'^Resolved,  That  the  Adjutant  General  be  requested  to  inform 
this  Convention,  -whether  the  company  officers  of  the  troops  in 
the  service  of  the  State,  have,  through  their  commanding  officers, 
reported  to  him,  as  required  by  the  2d  section  of  an  Act  entitled 
"An  Act  concerning  future  requisitions  of  troops,"  ratified  on 
the  12th  day  of  September,  1861,  and  if  so,  to  furnish  to  the 
Convention  a  statement  of  the  number  of  troops,  rank  and  file, 
in  service  from  North  Carolina,  the  names  and  residences  of  all 
regimental  and  field  officers,  and  the  number  of  troops  from  each 
county  in  the  State,  whether  the  companies  to  which  they  belong 
were  formed  in  the  county  or  not. 

The  resolution  heretofore  introduced  by  Mr.  Williams  in  regard 
to  enslaving  free  negroes  was  then  read,  and,  on  his  motion, 
referred  to  a  select  committee. 

The  resolution  heretofore  introduced  by  Mr.  Woodfin,  in 
regard  to  the  basis  of  representation,  was  referred  to  the  Legis- 
lative committee. 

Mr.  Woodfin,  from  the  committee  on  the  supply  of  Salt, 
made  a  report,  accompanied  by  an  ordinance  on  the  subject, 
which  passed  the  first  reading,  and,  together  with  the  report, 
was  ordered  to  lie  on  the  table  and  be  printed. 

Mr.  Washington  gave  notice  of  an  amendment  which  he  would 
offer  at  the  proper  time,  which  was  ordered  to  be  printed  also. 

On  motion  of  Mr.  Gilmer,  the  ordinance  to  amend  the  Con- 
stitution, so  as  to  provide  for  annual  sessions  of  the  General 
Assembly,  was  taken  up,  and  referred  to  the  Legislative  com- 
mittee. 

Mr.  Ruffin,  from  the  committee  on  the  wants  of  the  Treasury, 
reported  a  substitute  for  the  ordinance  referred  to  the  commit- 
tee, which,  with  a  communication  from  the  Governor  on  the 
subject,  was  ordered  to  be  printed. 

On  motion  of  Mr.  Ruffin,  the  said  ordinance  was  made  the 
special  order  for  to-morrow  at  11  o'clock. 

The  unfinished  business  of  yesterday,  the  ordinance  to  sup- 
press speculation,  was  then  taken  up,  the  question  being  on  Mr. 
Batchelor's  amendment  to  substitute  "profits"  for  "prices." 


1861.]  STATE   CONVENTION.  29 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Green,  and  resulted  in  the  negative,  ayes  30,  noes  71, 
as  follows: 

Ayes — Messrs.  Atkinson,  Batchelor,  Battle  of  Edgecombe, 
Battle  of  Wake,  Brown,  Bunting,  Darden,  Dickson,  Dillard, 
Durham,  Foster  of  Ashe,  Fuller,  Greenlee,  Hicks,  Howard, 
Johnston,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Moody, 
Moseley,  Myers,  Patterson,  Schenck,  Setzer,  Smith  of  Halifax, 
Strong,  Sutherland,  Ward,  AVilliamson  and  Wooten — 30. 

Noes — Messrs.  Allison,  Armfield,  Arrington,  Badger,  Barnes, 
Berry,  Biggs,  Bond,  Brodnax,  Bryson,  Caldwell  of  Rowan,  Cal- 
loway, Cannon,  Carson,  Cunningham,  Dick,  Douthitt,  Edwards, 
Eller,  Ellison,  Ferebce,  Foy,  Gilmer,  Gorrell,  Graham,  Green, 
Hargrove,  Headen,  Hearne,  Holden,  Holmes,  Jones  of  Rowan, 
Joyce,  Kelly,  Leak  of  Anson,  Leak  of  Richmond,  Long,  Lyon, 
Mann,  Manning,  McDowell  of  Burke,  McDowell  of  Madison, 
Meares,  Mebane,  Mcrritt,  Miller,  Osborne,  Peuland,  Pcttigrew, 
Phifer,  Rayner,  Rhodes,  Royster,  Ruffin,  Sanders,  Shipp,  Smith 
of  Johnston,  Smith  of  Macon,  Sprouse,  Spruill  of  Tyrrell, 
Strange,  Thomas  of  Carteret,  Thompson,  Thornton,  Walton, 
Warren,  Washington,  Whitford,  Williams,  Wilson  and  Wood- 
fin— 71. 

Mr.  Leak,  of  Richnlond,  gave  notice  of  an  amendment  which 
he  would  propose  at  the  proper  time. 

Mr.  Barnes  moved  to  amend  by  inserting  after  the  word, 
"  means,"  in  the  third  line,  the  words,  "  except  by  producing," 
which  was  agreed  to. 

■  Mr.  Barnes  also  moved  to  amend  by  striking  out  all  between 
the  word,  "be,"  in  the  27th  line,  and  the  word,  "and"  in  the 
29th  line,  and  insert  the  words,  "  punished  by  the  Court  as  for 
a  misdemeanor,"  which  was  agreed  to. 

Mr.  Mebane  moved  to  amend  by  striking  out  all  after  the 
word,  "grain,"  in  the  5th  line,  down  to  the  word,  "fish,"  in  the 
6th  line  ;  not  agreed  to. 

He  also  moved  to  strike  out  the  words,  "  other  dead  victual," 
in  the  Gth  line,  which  was  not  agreed  to. 

Mr.  Ruffin  moved  to  strike  out  the  word,  "  cheese,"  in  the 
5th  line,  which  was  not  aitrccd  to. 


?* 


I 


30  JOURNAL  OF  THE  [2d  SESSioiSf 

Mr.  Smith,  of  Johnston,  moved  to  insert  after  the  word, 
"  prices,"  in  the  8th  line,  the  words,  "or  to  convert  the  same, 
or  any  part  thereof,  into  distilled  spirits,"  but  after  some  dis- 
cussion thereon,  he  withdrew  the  amendment. 

Mr.  Leak,  of  Richmond,  offered  the  following  amendment : 
Strike  out  all  after  the  enacting  clause,  ,and  insert — 

"  1.  That  whenever  the  Governor  of  this  State  shall  Suspect 
that  any  individual  or  company  of  individuals  hold  any  quantity 
of  salt  for  the  purpose  of  extorting  from  the  necessities  of  the 
people,  or  upon  the  necessities  of  the  State  or  the  Confederate 
Government,  it  shall  be  his  duty  to  seize  the  same  by  his  consti- 
tuted Agent  or  Agents  for  the  purposes  hereinafter  indicated. 

2.  Upon  the  seizure  of  the  salt  as  aforesaid^  by  the  agent  or 
agents  aforesaid,  the  Governor  shall  choose  one  freeholder  of  the 
city,  town,  or  county,  where  the  seizure  was  riaade,  and  the  indi- 
viduals or  company  ,  of  in^dividuals,  owning  or  holding  said 
property,  may  elect  also  one,  freeholder,  in  no  way  interested  in 
said  salt,  or  connected  with  aitiy  one*  who  is  interested  therein, 
and  the  persons  thus  chosen  shall  appoint  a  third  freeholder,  in 
like  manner  disinterested  :  But  if  the  pai-ty  owning  or  holding 
said  property,  shall  decline  to  selccta  freeholder  -  for  the  space 
of  twenty-four  hours,  then  the  Governor  siaall  choose  two  free- 
holders, who  shall  elect -a  tliird,  who  shall  be  in  no  way  interested 
in  said  salt,  or  connected  witli  any  one  interested  therein. 

It  shall  be  the  duty  of  the  freeholders  thus  chosen  by  the 
parties. in  the  first  instance,  or  by  the  mode. pointed  out  in  the 
second  instance,  after  being  duly  sworn  faithfully  to  pelrform  the 
duties  now  imposed,  to  ascertain  as  nearly  as  they  can,  under  all 
the  circumstances,  ,  what  is  a  fair  and  reasonable  price  to  be 
demanded,  either  by  the  bushel  or  by  the  sack,  as  the  case  may 
be,  by  the  owner  or  owjiers,  holder  or  holders,  aforesaid ;  and 
the  freeholdei's,  aforesaid,  therejapon,  with  as  little  delay  as  prac- 
ticable, shall  report  their  action-  in  the  premises  to  the  Governor, 
and  give  to  the  owner  or  OAvners,  or  thelr-agonty  a  eeriificate  of 
said  valuation. 

If,  thereafter,  the  owner  or  owners,  or  their  agents,  shall 
refuse  to  sell  said  property  at  the  valuation  affixed  by  the  free- 
holders, on  first  being  presented  by  the  freeholders  aforesaid, 


iMii.i  STATE  cokvk:stiok.  Bi 

with  a  draft  drawn  by  the  Governor  aforesdid,  upon  the  Treas- 
urer of  the  State  of  North  Carolina,  which  draft  the  Governor 
is  authorized  to  give,  and  the  Treasurer  to  pay,  the  salt  so  seizeci 
shall  be  retained  by  the  freeholders  and  be  subject  to  the  fol- 
lowing disposition  by  the  Executive :  That  is  to  say,  the  salt  so 
seized  or  purchased  by  the  Governor,  under  this  ordinance, 
shall  be  1)V  him  distributed  at  such  points  as  he  shall  deem  best, 
and  sold  for  cash  to  consumers  only,  (by  agents  appointed  by 
him,.)  at  such  prices  as  will  cover  the  costs,  including  interest, 
transportation  and  commissions. 

The  verdict  of  the  jury  aforesaid,  shall  oe  final  and  subject 
to  no  appeal,  and  shouhl  they  increase  the  assessment  made  by 
the  fr^-eholders  in 'the"  first  instance,  then  the  county  in  which 
the  seizure  was  made,  shall  pay  all  costs,  including  a  tax  fee  of 
twenty  dtdlars  to  complainant's  attorney;  but,  if  there  be  no 
red^iction  of  the  valuation,  then  the  complainant  shall  pay  all 
costs,  inclmling  a  tax  fee  of  twenty  dollars  to  the  counsel 
employ^jd  by  the  Governor,  for  Avhich  the  court  shall  sue  out  its 
execution.  Th^  increased  valuation  shall  bear  interest  from  the 
time  of  seizure  up  to  the  time  of  its  presentation  for  payment 
at  the  Treasury,  when,  sliould  its  payment  be  refused  by  the 
Treasurer,  upon  the  presentation  of  the  Governor's  draft  by 
the  owner^  or  b}^  his  or  their  agent,  then  the  pa'rty  or  parties 
interested,  shall  be  entitled  to  interest  at  tlie  rate  of  six  per 
cent,  per  annum,  until  payment  shall  be  made  ;  but,  if  the  partv 
shall  refuse  to  receive  payment  in  Treasury  notes  of  the  Con- 
federate States,  or  in  current  notes  of  this  State,  then  he  shall 
not  be  entitled  to  interest.  The  Governor  is  hereby  authorized 
to  employ  counsel  for  the  State  in  all  cases  arising  under  this  ordi- 
nance, and  for  their  compensation,  to  draw  upon  the  Treasurer 
for  its  payment,  and  also  for  an}'  expenses  the  State  may  incur 
by  the  enforcement  of  this  ordinance. 

And  be  it  further  orJained^  That  that  this  ordinance  shall 
be  in  force  during  the  present  war  only,  and  until  all  seizures 
and  purchases  made  under  it  shall  be  disposed  of,  as  before 
indicated,  and  may  be  repealed  or  modified-  by  the  General 
Assembly." 

And  then,  on  motion,  the  Convention  adjourned. 
29 


dS  JOUllKAti  OF  THE  [ScBessio!?, 


■    IN  CONVENTION,  Thursday,  November  28,  1861. 

The  President  took  the  Chair  and  called  the  Convention  to 
order. 

The  journal  of  yesterday  was  read  and  approved. 

The  President  announced  the  following  as  the  committee  on 
the  subject  of  enslaving  free  negroes :  Messrs.  Williams,  Moody, 
Foy,  Hargrove  and  Shipp. 

Mr.  Mebane  presented  a  petition  from  sundry  citizens  of  Ala- 
mance County,  in  regard  to  the  Stay  Luw,  which,  on  his  motion, 
was  referred  to  the  committee  on  that  subject. 

Messrs.  Schenck  and  Setzer  presented  petitions  from  Gaston 
and  Catawba  counties  on  the  same  subject,  which  were  similarly 
referred. 

Mr.  Armfield  presented  a  petition  from  'citizens  of  Surry, 
Wilkes  and  Yadkin  counties  on  the  subject  of  a  tax  on  distille- 
ries, which,  on  his  motion,  was  referred  to  a  select  committee. 

Mr.  Miller  presented  a  petition  from  certain  citizens  of  ^leave- 
land  County,  asking  an  amendment  to  the  Constitution  so  as  to 
provide  for  the  election  of  Justices  of  the  Peace  by  the  qualified 
voters  of  the  State,  which  was,  on  motion,  referred  to  the 
committee  on  Justices  of  the  Peace. 

Mr.  Gorrell  presented  the  proceedings  of  a  meeting  held  in 
Greensboro'  in  regard  to  a  Railroad  connection  between  Greens- 
boro' and  Danville,  which,  on  his  motion,  was  referred  to  the 
committee  on  military  aifairs. 

Mr.  Satterthwaite,  from  the  committee  to  whom  was  referred 
a  resolution  relating  to  the  assumption  by  the  State  of  the 
Confederate  tax,  reported  a  resolution  on  that  subject,  which  lies 
over  one  day. 

Mr.  McDowell,  of  Madison,  presented  a  petition  from  two  free 
persons  of  color  of  Madison  County,  praying  that  they  may 
become  the  slaves  of  Smith  Atkin,  which,  on  his  motion,  was 
referred  to  the  committee  on  that  subject. 

Mr.  Biggs  offered  the  following  resolution,  which  lies  over  one 
day: 


1861.]  STATE   CONVENTION.  33 

Resolved,,  That  the  committee  on  Military  Affairs  inquire  into 
the  necessity  and  propriety  of  providing  for  volunteers  mustered 
into  the  service  of  the  Confederate  States  for  twelve  months, 
for  local  defence,  the  same  bounty,  clothing,  equipments,  &c., 
as  troops  mustered  into  the  service  of  the  State  and  transferred 
to  the  Confederate  States,  and  that  they  report  by  resolution, 
ordinance  or  otherwise,  as  soon  as  practicable. 

Mr.  Kittrell  offered  the  following,   which,  the   rules   having 

I      ;  been  suspended,  on  motion,  was  agreed  to. 

\    ;        Resolved,  That  the  committee  on  Military  Affairs  be  requested 

\|    to  ascertain  and  report  to  this  Convention,  the  oaths  and  forms 

\    thereof  required  by  law  to  be  taken  by  the  officers  and  soldiers 

/\  enlisted   in   the    Confederate  army  from    the  State  of  North 

I  \  Carolina. 

I  \  Mr.  Pettigrew,  from  the  committee  to  which  was  referred  a 
resolution  in  relation  to  the  suffrage  of  foreigiiers,  reported  the 
sau\o  back,  and  asked  to  be  discharged  from  its  further  consid- 
eratiou,  on  the  ground  that,  in  the  opinion  of  the  committee,  it 
was  niorc  properly  referrable  to  the  Legislative  committee — lies 
over  one  day. 

Mr.  Thomas,  of  Jackson,  introduced  an  ordinance  concerning 
slaves,  which  passed  its  first  reading,  and  was  ordered  to  be 
printed. 

Mr.  Green  offered  the  following,  which  lies  over  one  day  : 

Resolved,  That  this  Convention  ought  to  elect  a  Governor  to 
fill  the  unexpired  term  of  His  Excellency,  John  W.  Ellis, 
deceased. 

Mr.  Battle,  of  Wake,  introduced  an  ordinance  to  establish 
the  office  of  Lieutenant  Governor,  which  passed  the  first  read- 
ing, and  was  ordered  to  be  printed. 

Mr.  Graham  offered  the  following: 

Resolved,  That  the  Legislative  committee  be  instructed  to 
inquire  into  the  expediency  of  so  amending  the  Constitution  as 
to  declare  that  no  law  shall  be  passed  ,  to  impair  the  obligation 
of  contracts,  and  every  law  whose  effect  is  to  hinder  and  delay 
the  fulfillment  of  contracts,  is  considered  as  impairing  the  obli- 
gation of  the  same. 


34         '  JOURNAL   OF   THE  [2d  Session, 

Resolved,  That  said  committee  be  further  instructed  to  inquire 
into  the  expediency  of  defining  tiie  term  of  service  of  the  Gen- 
eral Assembly,  in  each  successive  Legislature. 

On  his  motion  the  rules  were  suspended  and  the  stiid  resolutions 
were  agreed  to. 

Mr.  Meares  offered  the  folIoAvin;^,  Avhich,  the  rules  being 
suspended,  Avas  agreed  to  : 

Mesolved,  That  the  committee  on  military  affairs  be  instructed 
to  inquire  into  the  propriety  of  paying  the  bounty  for  enlistments 
to  the  men  belonging  to  Capt.  J.  M.  Stevenson's  company  of 
artillery,  and  to  other  companies,  and  that  said  committee  report 
to  this  Convention  by  ordinance,  resolution,  or  otherwise. 

On  motion  of  Mr.  Graham,  the  ordinance  concerning  oaths 
was  taken  up  and  made  the  special  order  for  ^NFoiiditj^  I'J  o'clock. 

The  special  order  was  then  taken  up,  and  on  motion  of  Mr-. 
Ruffin,  was  postponed  until  to-morrow  at  11  o'clock. 

The  unfinished  business  of  yesterday  was  noAV  considered  by 
the  Convention,  when,  ^ 

*  Mr.  Battle,  of  Wake,  offered  to  amend  as  follows  :  Add  to  the 
1st  section,  "  Provided  that  the  defendant  may,  on  oath,  give 
evidence  in  his  defense,"  which  M'as  not  agreed  to. 

?Ir.  Lyon  moved  to  amend  by  adding  to  lino  30,  the  words, 
"And  all  moneys  arising  from  fines  under  this  ordinance  shall 
be  applied  by  the  several  County  Courts,  where  the  same  may 
be,  to  the  support  of  indigent  families  of  volunteers  and  State 
troops,  in  the  service  of  this  State  or  the  Confederate  States  ;" 
which  was  agreed  to. 

Mr.  Schenck  offered  the  following  amendment,  which  was 
agreed  to  :  After  the  word  "  forestaller,"  in  the  20th  line,  insert, 
"  Provided  that  upon  sufficient  cause  being  shown,  upon  affidavit, 
the  Court  shall  have  power  to  order  the  ty-king  of  depositions  to 
be  read  on  behali  of  the  accused,  upon  such  terms  as  the  Court 
may  decree,  on  the  trial  of  cases  arising  under  this  ordinance. 

Mr.  Berry  movad  to  insert,  after  tiie  word  "  wliatsoovev,"  in 
tlie  7th  line,  the  wr.  Is,  "  and  also,  leatlier,"  which  was  agreed  to. 

Mr.  Rayner  moved  to  amend  by  inserting,  after  the  woid 
"own,  '  in  the  10th  line,  the  words,  "use  or,"  which  was  agreed  to. 

The  second  section  having  been  read, 


1861.]  STATE   CONVENTION.  ^        35 

Mr.  Barnes  moved  to  amend  the  same  bj  striking  out  all 
bet^veen  the  word  "nature,"  in  the  14th  line,  and  "and,"  in 
the  16th  line,  which  was  not  agreed  to. 

Mr.  HoAvard  moved  to  amend  as  follows :  Strike  out  all  after 
the  Avord  '*  ordinance,"  in  the  Slat  line,  m"'^  n(<-rt,  "appeals 
shall  be  allowed  as  in  ordinary  cases,"  wl  i;^reed  to. 

Mr.  Battle,  of  Wake,  now  moved  to  strike  out  tlic  whole  of 
the  second  section,  and  it  was  agreed  to. 

iMr.  Setzer  moved  that  the  whole  subject  lie  on  the  table,  on 
whicli  the.ayfcs  and  noes  were  ordered,  on  his  motion,  and  resulted 
in  the  negative — ayes  15,  noes  83,  as  follow?  : 

AVes — Messrs.  Carson,  Green,  Headcn,  Johnston,  Jones  of 
Rowan,  Manning,  McDowell  of  Burke,  Mebane,  Miller,  Pat- 
terson, Phifer,  Pchenck,  Setzer,  Shipp  and  Whitford  --1.'). 

Noes — Messrs.  Allison,  Arnifield,  Arrington,  Atkinson, 
Badger,  Barnes,  Batchelor,  Battle  of  Edgecombe,  Battle  of 
Wake,  Berry,  Biggs,  Bond,  Brodnax,  Brown,  Bi-yson,  Jaunting, 
CaUUvcll  of  llowan,  Calloway,  Cannon,  Cunninghani,  Darden, 
Dick,  Dickson,  Dillard,  Doutliitt,  Durham,  Edwards,  Ellcr,  Elli- 
son, Ferebee,  Foster  of  Asiie,  Foy,  Fuller,  (iorrell,  Graham, 
Greenlee,  Hargrove,  Heaine,  Hicks,  lloldon,  Holmes,  Houston, 
Howard,  Jones  of  Caldwell,  Joyce,  Kelly,  Kittrcll,  Leak  of 
Anson,  Leak  of  Richmond,  Long,  Lyon,  Mann,  McDowell  of 
Madison,  i\Ieares,  IMcrritt,  Moody,  Moscley,  Myers,  Pcnland, 
Pettigrew,  Rammer,  Rhodes,  Roystcr,  Ruffin,  Sanders,  Smith  of 
Halifax,  Smith  of  Johnston,  Smith  of  Macon,  Speed,  S})rouse, 
Strange,  Sutherland,  Thomas  of  Carteret,  Thomas  of  Jackson, 
Thompson,  Thornton,  Turner,  W^alton,  Ward,  W^arren,  William, 
son,  Wilson  and  Woodfiu — So. 

The  remaining  sections  were  read,  and  then  the  question 
recurred  on  the  amendment  offered,  on  yesterday,  by  Mjr.  Leak, 
of  Richmond,  and  the  same  Avas  not  agreed  to. 

To  give  an  opportunity  for  the  taking  of  the  ayes  and  noe?, 
Mr.  Ruffin  moved  a  re-consideration  of  the  vote  just  taken,  and 
the  motion  did  not  prevail. 

Mr.  Leak,  of  Riohmond,  moved  to  amend  the  ordinance  as 
follows :     . 


36  -^^         JOURNAL   OF   THE  [2d  Session, 

"  Be  it  further  ordained,  That  every  distiller  in  this  State 
shall  pay  a  tax  of  tAventy-five  cents  on  every  bushel  of  corn, 
wheat,  or  rye,  which  he  shall  distill,  other  than  for  his  own  use, 
after  the  1st  day  of  December,  1861,  until  the  end  of  the  war. 

'■''Be  it  further  ordained,  That  every  distiller,  at  the  time  of 
listing  histaxables,in  th<j' several  counties  of  this  State,  shall  list, 
on  oath,  with  the  magistrate  appointed  to  take  the  list  of  taxa- 
bles  in  his  district,  the  number  of  bushels  of  corn,  wheat  or 
rye  he  has  distilled  since  the  first  of  December,  previous  to 
the  time  of  making  said 'enlistment,  and  on  failure  to  do  so, 
shall  be  subject  to  all  the  pains  and  penalties,  which  persons 
are  subject  to  for  refusing  to  list  other  subjects  of  taxation," 
which  was  not  agreed  to. 

Mr.  Wilson  moved  to  strike  out  the  third  section,  on  which 
the  ayes  and  noes  were  ordered,,  on  motion  of  Mr.  Dick. 

Before  the  vote  was  taken,  Mr.  Schenck  moved  an  adjorun- 
ment,  which  was  not  agreed  to. 

Mr.  Barnes  now  moved  to  amend  as  follows:  After  the  word 
"seized,"  in  the  15th  line,  insert  "and  also  determine  whether 
the  articles  seized  were  necessary  for  the  use  of  the  owner, , his 
family,  or  his  dependents,  or  the  use  of  the  sick  or  disabled,  or 
poor  or  necessitous  persons,  or  for  other  charitable  uses." 

Pending  the  consideration  of  the  questions  before  the  Con- 
vention, 

The  President  announced  as  the  committee  on  distilleries  : 
Messrs.  Armfield,  Washington,  Spruill  of  Bertie,  Berry  and 
Durham. 

Mr.  Wilson  was  added  to  the  committee  on  Justices  of  the 
Peace. 

And  then  on  motion  of  Mr.  Ferebee,  the  Convention  adjourned. 


IN  CONVENTION,  Fiuday,  November  20,  1861. 
The  President  took  the  Chair  and  called  the  Convention  to 
order. 

The  Journal  of  yesterday  was  read  and  approved. 


1881.]  STATE  COKVENTION.        .    ^       8? 

John  B.  Joiics,  Delegate  elect  from  the  County  of  Cun-ituck, 
to  fill  the  vacancy  occasioned  by  the  resignation  of  Mr.  Shaw, 
appeared,  produced  his  credentials  and  took  his  seat. 

Mr,  Thompson  introduced  an  ordinance  accompanied  with  a 
petition,  to  allow  Duncan  Artis,  a  free  negro,  to  ensl.-ivo  him- 
self, which  passed  its  first  reading. 

On  motion  of  Mr.  Ferebee,  the  resolutions  on  the  subject  of 
foreigners,  reported  back  to  the  Convention  yesterday  by  Mr. 
Pettigrew,  were  referred  to  the  Legislative  Committee. 

Mr.  Thomas,  of  Carteret,  offered  the  following  resolution, 
which  lies  over  one  day  : 

Whereas,  We,  the  Delegates  of  the  people  of  North  Caro- 
lina, in  Convention  assembled,  did  lately  adopt  unanimously  a 
series  of  resolutions  expressing,  among  other  things,  undimin- 
ished confidence  in  the  justice  of  the  cause  for  which  we  have 
taken  up  arms,  our  sense  of  the  duty  of  the  people  of  these 
States  to  maintain  and  uphold  that  cause,  and  a  determination 
to  shrink  not  from  the  performance  of  our  whole  duty  in  the 
achievement  of  the  independence  we  have  asserted,  and  to 
aiccept  no  alternative  therefor :  And  ivhereas^,  unanimity  and 
harmony  are  necessary,  and  whatever  would  impair  these  among 
those  who  would  in  good  faith,  keep,  stand  to,  abide  by,  and 
perfprm  those  resolutions,  should  be  discountenanced,  therefore, 

Resolved,  That  we,  the  delegates  aforesaid,  will  discounte- 
nance all  party  spirit  which  may  have  been  excited  by  former 
differences  of  principles,  measures  or  conduct  of  parties  as 
designated  prior  to  our  act  of  separation  from  the  Government 
of  the  United  States ;  and  during  the  war  in  which  we  are 
engaged  we  would  condemn  all  mere  party  uianagement,  political 
proscription  and  favoritism;  as  well,  also,  the  selecting  and 
appointing  men  to  office  or  places  of  trust  and  profit,  either  civil 
or  military,  within  this  State,  or  the  Confederate  States,  because 
of  their  resistance  to  the  old  government  earlier  than  our  unani- 
mous act  of  separation,  refen'ed  to. 

Resolved^  That  the  military  should  be  forever  kept  and  held 
in  strict  subordination  to,  and  governed  by,  the  civil  authority, 
and  while  a  conflict  of  these  should  be  deprecated  and  avoided, 


38       '^  .TOUHKAL  OF  TIlK  [20  Siisstorf, 

any  inlorfevenee  with  tlie  persons  or  property  by  the  i'orliier, 
except  in  ohedionce  to  tlie  latter,  or  in  cases  wlierc  the  public 
safety  demands,  and  the  civil  authority  cannot  be  invoked  or 
had,  should  subject  the  person  or  persons  so  exercising  it,  to 
the  reprehension  and  censure  of  the  people,  and  to  disquali- 
fication for  posts  of  military  distinction,  and  to  removal  there- 
from by  the  civil  power. 

On  motion  of  Mr.  Ellison,  leave  of  absence  was  granted  to 
Mr.  Smith,  of  Halifax,  for  three  days,  from  and  after  to-day. 

Mr.  Ruffin  oftered  the  following.:  liesolved,  That  the  State 
Librarian  transmit  to  the  Department  of  Justice  of  the  Confed- 
erate States  of  America,  one  set  of  the  Reports  of  the  Supreme 
Court  of  this  St;ite,  if  the  same  be  in  the  public  library,  or  that 
he  purchase  such  as  may  be  deficient,  for  that  purpose. 

On  his  motion,  the  rules  were  suspended  nnd  the  resolution 
was  agreed  to. 

Mr.  Battle,  of  Wake,  oftered  the  following,  which  lies  over: 

Resolved^  That  the  committee  on  Militar.y  Affairs  be  instruct- 
ed to  consider  the  propriety  of  adopting  some  means  to  induce 
the  twelve  months  volunteers  in  the  service  of  the  Confederate 
States,  from  North  Carolina,  to  enlist  for  the  war. 

The  resolution  heretofore  introduced  by  Mr.  Sanders,  rela- 
ting to  the  daily  sessions  of  the  Convention,  was  then  taken  up 
for  consideration. 

Mr.  Smith,  of  Halifax,  moved  to  amend,  so  that  the  Conven- 
tion shall  re-assemble  at  three  o'clock  and  adjourn  at  five. 

Mr.  Graham  moved  to  postpone  th^  further  consideration  of 
the  subject  until  next  Friday,  on  which  the  ayes  and  noes  Avere 
ordered,  on  motion  of  Mr.  Biggs,  and  resulted  in  the  affirma- 
tive, ayes  53,  noes  44,  as  folloAvs  : 

Ayi^s — Messrs.  Allison,  Armfield,  Arringlon,  Atkinson,  Bat- 
tle of  Edgecombe.  Battle  of  Wake,  Berry,  Bond,  Bryson,  Cald- 
well of  Rowan,  Cannon,  Christian,  Dick,  Douthitt,  Eller,  Fere- 
bee,  Foster  of  Randolph,  Foy,  Gilmer,  Graham,  Headen, 
Hearne,  Holden,  Jones  of  Caldwell,  Jones  of  Rowan,  Joyce, 
Kelly,  Kittrell,  Leak  of  Anson,  Long,  Mann,  Manning,  Meares, 


isel.i  STATE   CONVENtiON.  B 

Mebane,  Merritt,  Myers,  Pettigrcw,  Ruffin,  Sattertlnvalte, 
Schcnck,  Shipp,  Smith  of  Macon,  Specfl,  Sprousc,  Spruill  of 
Tyrrell,  Thomas  of  Carteret,  Turner,  Walton,  Warren,  Wash- 
ington, Whitford,  Wilson  and  Woodfin — 53. 

Noes — Messrs.  Barnes,  Biggs,  Brodnax,  Brown,  Bunting, 
Calloway,  Carson,  Cunningham,  Darden,  Dickson,  Dillard, 
Durham,  Ellison,  Foster  of  Ashe,  Greenlee,  Hargrove,  Ilicks, 
Holmes,  Johnston,  Jones  of  Currituck,  Leak  of  Richmond, 
Lyon,  McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of 
Cumberland,  McNeill  of  Harnett,  Miller,  Mitchell,  Moody, 
Moseley,  Penland,  Reid,  Rhodes,  Royster,  Sanders,  Setzer, 
Smith  of  Halifax,  Smith  of  Johnston,  Strong,  Sutherland, 
-Thompson,  Thornton,  Ward  and  Williamson — 44. 

The  resolution  of  Mr.  Warren,  heretofore  introduced,  asking 
certain  information  of  the  Adjutant  General,  was  then  taken  up 
and  agreed  to. 

The  special  order  of  the  day,  being  the  ordinance  in  regard 
to  Revenue,  was  then  taken  up. 

Mr.  Woodfin  moved  to  postpone  the  special  order,  to  take  up 
and  consider  the  ordinance  in  regard  to  a  supply  of  salt,  which 
was  not  agreed  to. 

The  ordinance  in  regard  to  Revenue  was  then  read  by  sec- 
tions, for  amendment. 

The  third  section  being  read, 

Mr.  Thompson  moved  to  amend  by  striking  out  all  between 
the  words  "  rate,"  in  the  fourth  line,  and  "  for,"  in  the  5th  line, 
and  insert,  "six  per  cent,  per  annum,"  which  was  agreed  to. 

The  remaining  sections  having  been  read, 

Mr.  Satterthwaitc  moved  to  add,  as  section  13,  the  following  : 

That  interest  accruing  on  the  notes  which,  from  time  to  time, 
may  be  issued  in  pursuance  of  the  provisions  of  this  ordinance, 
shall  be  exempt  from  taxation. 

After  some  discussion  thereon,  the  amendment  Avas  withdrawn. 

Mr.  Biggs  moved  to  amend  by  adding  the  following,  as  sec- 
tion 13  : 

Be  it  further  ordained,  That  the  Treasurer  shall  keep  and 
furnish  to  the  Comptroller,  an  accurate  account  of  the  Treasury 
30 


40  JOURNAL  OF  THE  [2d  Session, 

notes  issued  or  to  be  issued  by  him,  under  the  Act  of  the  Gene- 
ral Assembly,  and  the  ordinance  heretofore  passed  and  not 
annulled,  and  the  Comptroller  shall  also  keep  an  accurate 
account  of  all  such  notes  in  the  same  manner  as  is  required 
herein  in  relation  to  the  Treasury  notes  authorized  to  be  issued 
by  this  ordinance  ; 

And  the  amendment  was  agreed  to. 

Mr.  Armfield  moved  an  amendment  to  the  third  section,  as  fol- 
lows: Strike  out  of  the  third  line,  all  after  "1865,"  down  to 
"dollars,"  in  the  sixth  line,  and  insert,  "without  interest," 
which  was  not  agreed  to. 

The  question  was  then  taken  on  the  adoption  of  the  substi- 
tute recommended  by  the  committee,  as  thus  amended,  and 
decided  in  the  affirmative. 

And  then  the  ordinance,  as  amended,  passed  the  second 
reading. 

On  motion  of  Mr.  Satterthwaite,  the  rules  were  suspended, 
and  the  ordinance  passed  the  third  reading,  and  was  ordered  to 
be  enrolled. 

And  then,  on  motion,  the  Convention  adjourned. 


IN  CONVENTION,  Saturday,  November  30,  1861. 

The  President  took  the  Chair  and  called  the  Convention  to 
order.  Prayer  by  Rev.  Henry  Hardie,  of  the  Presbyterian 
Church. 

The  journal  of  yesterday  was  read  and  approved. 

On  motion  of  Mr.  Holden,  leave  of  absence  until  Wednesday 
next  was  granted  to  Mr.  Meares. 

Mr.  McNeill,  of  Cumberland,  presented  a  petition  from  sun- 
dry citizens  of  Cumberland  County,  praying  the  intervention 
of  the  Convention  to  protect  the  people  against  speculators, 
monopolists  and  whiskey  distillers,  which,  on  his  motion,  was 
referred  to  the  committee  on  distillation. 

Mr.  Arrington  presented  a  similar  petition  from  citizens  of 
Nash  County,  which  waa  referred  to  the  same  committee. 


9 


1861.]  STATE  CONVENTION.  41 

Mr.  Battle,  of  Wake,  in  behalf  of  Mr.  Manning,  Chairman, 
from  the  committee  on  the  Coalfields  connection,  to  whom  was 
referred  an  ordinance  to  provide  for  an  exchange  of  Treasury 
notes,  reported  a  substitute  therefor,  and  recommended  its 
passage.     Lies  over  one  day  under  the  rules. 

Mr.  Biggs  offered  the  following  : 

Resolved.,  That  the  Secretary  of  State  furnish  to  each  member 
of  this  Convention  one  copy  of  the  Acts  of  the  General  Assem- 
bly, passed  at  the  last  regular  and  extra  sessions  thereof:  Pro- 
vided, That  a  sufficient  number  thereof  has  been  printed. 

On  his  motion,  the  rules  were  suspended  and  the  resolution 
was  agreed  to. 

Mr.  Holmes  offered  the  following,  which  lies  over  one  day  : 

Resolved,  That  the  Board  of  Claims  be  instructed  to  report 
to  the  Convention,  the  claims  of  the  Wilmington  and  Manchester, 
and  the  Western  North  Carolina  Railroad  Companies,  as  here- 
tofore by  them  allowed  and  reported  to  the  General  Assembly. 

Mr.  Howard,  from  the  committee  on  military  affairs,  to  whom 
was  referred  an  ordinance  concerning  the  appointment  and 
commissioning  of  militia  officers,  reported  the  same  back  to  the 
Convention  with  a  substitute  therefor,  and  recommended  its 
passage.     Lies  over  one  day  for  consideration. 

Also,  adversely  on  the  resolution  relating  to  exemptions  from 
military  duty ;  which  also  lies  over  one  day. 

Mr.  Armfield  moved  to  reconsider  the  vote  of  yesterday  by 
which  the  Convention  agreed  to  the  ordinance  relating  to 
Treasury  notes,  on  which  the  ayes  and  noes  were  ordered,  on 
motion  of  Mr.  Armfield,  and  resulted  in  the  negative,  ayes  28, 
noes  57,  as  follows  : 

Ayes — Messrs.  Armfield,  Arrington,  Berry,  Bond,  Bryson, 
Cannon,  Christian,  Douthitt,  Durham,  Eller,  Ferebee,  Gilmer, 
Graham,  Joyce,  Kittrell,  Leak  of  Anson,  Mann,  McNeill  of 
Cumberland,  Mebane,  Myers,  Sanders,  Smith  of  Johnston,  Speed 
Sprouse,  Thornton,  Turner,  Warren  and  Wilson — 28. 

Noes— Messrs.  Allison.  Atkinson,  Badger,  Battle  of  Wake 
Biggs,  Brodnax,  Brown,  Caldwell  of  Rowan,  Calloway,  Car=on,' 
Cunningham,    Dickson,    Dillard,  Eihvards,  Ellison,  Foster  of 


42  JOUKNAL  OF  THE  [2d  Session. 

Ashe,  Foy,  Greenlee,  Ilearne,  Hicks,  Holden,  Holmes,  Houston, 
Howard,  Johnston,  Jones  of  Caldwell,  Jones  of  Currituck,  Jones 
of  Rowan,  Kelly,  Leak  of  Richmond,  McDowell  of  Burke, 
McDowell  of  Madison,  McNeill  of  Harnett,  Merritt,  Miller, 
Mitchell,  Moseley,  Osborne,  Penland,  Pettigrew,  Rayner,  Reid, 
Rhodes,  Royster,  RufBn,  Satterthwaitc,  Schenck,  Setzer,  Smith 
of , Macon,  Spruill  of  Tyrrell,  Strong,  Sutherland,  Thomas  of 
Carteret,  Thompson,  Walton,  Woodfin  and  Wooten — 57. 
.  The  President  laid  before  the  Convention  a  letter  from 
Walter  L.  Steele,  Secretary,  asking  leave  of  absence  for  an 
indefinite  time. 

Or  motion  of  Mr.  RuflRn,  the  request  was  granted. 

Mr.  Schenck  oifeied  the  following: 

Resolved,  That  a  committee  be  appointed  to  inquire  into  the 
condition  of  the  sick  soldiers  in  the  vicinity  of  this  city,  and 
that  they  report  whether  any  other  provision  is  necessary  to  be 
made  for  their  comfort  and  recovery. 

On  motion,  the  rules  were  suspended  and  the  resolution  put 
upon  its  passage. 

Mr.  Speed  moved  to  .amend  as  follows:  "And  also  inquire 
into  the  expediency  and  propriety  of  establishing  hospitals  at 
Raleigh,  Wilmington,  Edenton,  Newberne  and  Elizabeth  City, 
•with  post  surgeons  fur  the  treatment  of  sick  soldiers  of  North 
Carolina." 

Mr.  Schenck  accepted  the  amendment,  and  the  resolution  was 
agreed  to. 

The  President  appointed  Messrs.  Schenck,  Reid,  Speed, 
McNeill  of  Harnett,  and  Bond,  to  constitute  the  committee. 

Mr.  Smith,  of  Johnston,  introduced  an  ordinance  to  insure  a 
supply  of  corn,  by  a  tax  on  distilleries,  which  passed  its  first 
reading  and  lies  over. 

Mr.  Rayner  presented  a  petition  from  citizens  of  Hertford 
County  in  relation  to  speculations  upon  the  necessities  of  the 
people,  which,  on  his  motion,  was  ordered  to  lie  on  the  table. 

Mr.  Rayner  also  oftered  the  following  : 

liesolved,  That  the  committee  of  finance  be  instructed  to 
niqnire  into  the  expediency  of  repealing  and  abrogating  that 


1861.]  STATE   CONVENTION.  48 

provision  of  an  Act  passed  at  the  late  extra  session  of  the  Gen- 
eral Assembly,  entitled  "  Revenue,"  the  4th  section  of  which 
exempts  from  taxation  the  property  of  all  persons  worth  less 
than  five  hundred  dollars,  and  which  further  exempts  from 
taxation  five  hundred  dollars  worth  of  property  of  every  person 
worth  more  than  said  sum  of  five  hundred  dollars. 

On  his  motion  the  rules  were  suspended,  and  the  Convention 
proceeded  to  the  consideration  of  the  resolution: 

Mr.  Satterthwaite  moved  to  amend  as  follows :  "  And  said 
committee  also  inquire  and  report  'upon  the  question  of  slave 
taxation,  as  imposed  by  the  last  Legislature,"  which  was 
agreed  to. 

Mr.  Woodfin  moved  to  strike  out  the  words,  "of  finance," 
and  insert,  "on  the  immediate  wants  of  the  Treasury,"  which 
was  not  agreed  to^ 

The  resolution  was  then  adopted. 

Mr.  Joyce  introduced  an  ordinance  atithorizing  the  Governor 
to  transfer  certain  companies  at  Iligli  Point  to  Col.  Green's 
regiment,  which  passed  its  first  reading. 

On  motion,  the  rules  were  suspended,  the  ordinance  passed 
the  second  and  third  readings,  and  was  ordered  to  be  enrolled. 

He  also  introduced  an   ordinance  proposing  to  amend  the 
militia  law,  which  passed  its  first  reading,  and  was  referred  to ' 
the  committee  on  Military  Affairs. 

The  unfinished  business  last  before  the  Convention,  beinec  the 
ordinance  in  regard  to  speculation,  &c.,  was  then  taken  up,  the 
pending  question  being  on  the  amendment  offered  by  Mr. 
Barnes,  and  the  amendment  was  agreed  to  by  the  Convention. 

Mr.  Washington  moved  to  amend  by  inserting  after  the  word 
"attorney,"  the  words,  "and  they  shall  choose  a  third  person," 
which  was  agreed  to.  Also,  in  the  6th  line,  after  the  word 
"seals,"  strike  out  the  words,  "and  in  case  of  difference  they 
shall  choose  an  umpire,"  and  it  was  agreed  to. 

Mr.  Ruffin  moved  to  insert  after  tlie  word in  the  16th 

line,  the  words,  "or  any  two  of  them,"  which  was  agreed  to.- 
Also,  in  19th  line,   strike   out  the  words,  "in  like  manner," 

which  was  also  agreed  to.     Also,  in line,   strike  out  the 

words,  "  who  shall  also  make  and  certify,"  and  it  was  agreed  to. 


44  JOURNAL  OF  THE  [2d  Session, 

The  (lucstiou  was  tlien  put  on  the  pending  motion  of  Mr. 
"Wilson  to  strike  out  the  Srd  section,  on  -which  the  ayes  and 
noes  were  ordered,  on  motion  of  Mr.  Dick,  and  resulted  in  the 
affirniative,  ayes  43,  noes  40,  as  follows : 

Ayes — Messrs.  Allison,  Armfield,  Battle  of  Wake,  Berry, 
Brown,  Bryson,  Calloway,  Cannon,  Carson,  Cunningham,  Dil- 
lard,  Douthitt,  Durham,  Eller,  Ellison,  Ferebee,  Foster  of  Ashe, 
Graham,  Greenlee,  Ilearne,  Houston,  Johnston,  Jones  of  Cald- 
well, Jones  of  Currituck,  Jones  of  Rowan,  Joyce,  Lyon,  Mann, 
McDowell  of  Burke,  Mebane,  Mitchell,  Penland,  Koyster, 
Sanders,  Schenck,  Shipp,  Speed,  Sprouse,  Sutherland,  Thomas 
of  Carteret,  Walton,  Warren  and  Wilson — 43. 

Noes — Messrs.  Arrington,  Atkinson,  Badger,  Biggs,  Brod- 
nax.  Christian,  Dickson,  Edwards,  Foy,  Gilmer,  Hicks,  Holden, 
^Holmes,  How^ard,  Kelly,  Kittrell,  Leak  of^.Anson,  Leak  of 
Richmond,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Mer- 
ritt,  Miller,  Mosolcy,  Osborne,  Pettigrew,  Rayner,  Reid, 
Rhodes,  Ruffin,  Smith  of  Johnston,  Smith  of  Macon,  Spruill  of 
Tyrrell,  Strong,  Thompson,  Thornton,  Turner,  Washington, 
Woodfin  and  Wooten — 40. 

Mr.  Washington  moved  to  insert  in  section  1,  after  the  word 
"grain,"  the  words,  "hogs  or  horned  cattle,"  which  w^as  not 
agreed  to. 

On  motion  of  Mr.  Badger,  the  further  consideration  of  the 
subject  was  postponed  until  Monday,  and  the  ordinance  ordered 
to  be  printed. 

The  ordinance  on  the  subject  of  a  supply  of  salt,  was  then 
taken  up,  for  consideration  on  the  second  reading,  and  read  by 
sections  for  amendment. 

Mr.  Biggs  moved  to  amend  by  inserting  after  the  word, 
"county,"  in  the  6th  line  of  the  1st  section,  the  words,  "or 
some  navigable  Avaters,"  which  was  agreed  to. 

Mr.  Leak,  of  Richmond,  moved  to  strike  out  the  word,  "com- 
missioner," and  insert  the  words,  "  three  commissioners,"  which 
was  not  agreed  to.  ' 

Mr.  Ruifin  moved  to  strike  out  the  words,  "  on  the  seacoast," 
and  it  was  n  greed  to.  f 


1861.]  StATE   CONVENTION.  45 

He  also  moved  to  strike  out  the  words,  "this  Convention," 
and  insert  the  words,  '^  the  Governor  of  the  State,"  which  was 
not  agreed  to. 

Mr.  Christian  moved  that  the  Convention  adjourn,  wliich  was 
not  agreed  to. 

Mr.  Biggs  moved  to  amend  the  third  section,  by  inserting, 
after  the  word  "State,"  in  the  5th  line,  the  words,  "or  on 
some  navigable  waters,"  Avhich  was  agreed  to. 

Mr.  Sanders  moved  to  amend  the  4th  section,  by  inserting 
after  the  words,  "Justices  of  the  Peace,"  the  words,  "a 
majority  being  present,"  and  it  was  agreed  to. 

Mr.  Washington  offered  the  following  as  an  additional  section  : 

Be  it  further  ordained,  That  said  commissioner  shall  have 
power  to  examine  west  of  the  city  of  Raleigh,  by  boring,  such 
section  or  sections  of  country  as  there  may  seem  to  be  indi- 
cations of  salt  formations  ;  but  that  no  such  examinations  shall 
be  made  until  an  agreement  shall  have  been  entered  into  for  the 
conveyance  of  so  much  of  said  land  as  shall  be  necessary  for 
conducting  and  carrying  on  salt  works,  with  the  privilege  of 
ingress,  egress  and  regress ;  and  it  was  not  agreed  to. 

Mr.  Bi^gs  moved  to  strike  out  of  the  8th  section,  the  words, 
"every  three  months,"  and  insert  the  word  "monthly,"  which 
was  agreed  to. 

Also,  after  the  word  "  lay,"  in  the  4th  line,  insert  the  words, 
"and  publish,"  and  it  was  agreed  to. 

Mr.  Mitchell  moved  to  strike  out  all  before  the  word  "^'te.," 
in  the  third  line,  and  insert,  "  it  shall  be  the  duty  of  said  Com- 
missioner, on  the  first  Monday  of  each  month,  to  report  to  the 
Governor  the  quantity  of  salt  manufactured  during  the  month 
preceding,  and  the  disposition  made  of  all  the  salt  manufac- 
tured, the  cost,  &c.,  of  production  and  transportation,  and  the 
income  to  the  State  on  the  salt  made  and  sold,"  which  was 
agreed  to. 

Mr.  Wilson  moved  to  adjourn,  which  was  not  agreed  to. 

After  some  further  discussion  of  the  ordinance, 

Mr.  Gilmer  moved  to  adjourn,  and  it  was  not  agreed  to. 

Mr.  Woodfin  moved  to  amend  as  folloAvs : 


46  JOURNAL  OF  THE  [2d  SEesto^r, 

"  Sec.  9.  Be  it  further  ordained^  That  the  Commissioner 
shall,  before  entering  on  the  duties  of  his  oflGce,  take  an  oath 
of  office,  and  enter  into  bonds  in  the  sum  of  one  hundred 
thousand  dollars,  payable  to  the  State,  with  security  to  be 
approved  by  the  Governor,  and  he  shall  take  bond  and  ample 
security  from  every  agent  appointed  by  him,  whose  duties  shall 
require  him  to  receive  and  pay  out  money,  and  that  all  such 
bonds  shall  be  payable  to  the  State  of  North  Carolina. 

"  Sec.  10.  Be  it  further  ordained^  That  the  Commissioner 
shall  receive  an  annual  salary  of  two  thousand  dollars,  and  his 
travelling  expenses." 

Mr.  Kittrell  moved  to  adjourn,  which  was  not  agreed  to. 

Mr.  Foster,  of  Randolph,  moved  to  strike  out  "  two  thousand," 
in  the  last  section,  and  insert,  "  fifteen  hundred,"  which  was 
agreed  to. 

The  amendment  as  amended  was  then  adopted. 

On  motion  of  Mr.  Rayner,  the  Convention  adjourned. 

[Note. — The  journal  for  the  remainder  of  the  second  session 
of  the  Convention,  was  kept  by  James  H.  Moore,  Secretary  joro 
tem.^  in  the  absence  of  the  Principal  Secretary.] 


'  IN  CONVENTION,  Monday,  December  2,  18G1. 

The  President  called  the  Convention  to  order  pursuant  to 
adjournment.  Prayer  by  Rev.  J.  M.  Atkinson,  of  the  Presby- 
terian Church. 

The  journal  of  Saturday  was  read  and  approved. 

Mr.  Foster,  of  Randolph,  presented  two  petitions  from  citizens 
of  Randolph  County,  praying  a  repeal  of  the  Stay  Law,  Avhich 
being  read,  was  referred  to  the  committee  on  that  subject. 

Mr.  Houston  presented  a  petition  from  citizens  of  Union 
County,  asking  a  repeal  of  the  Stay  Law,  and  a  remedy  against 
the  exorbitant  speculations  in  salt.  Read  and  referred  to  the 
committee  on  the  Stay  Law. 


18rtl.]  STATE    CONVENTION.  47 

Mr.  Leak,  of  Richmond,  presented  a  petition  from  citizens  of 
his  county,  against  extortionate  prices  in  the  necessities  of  life, 
and  the  distillation  of  corn  and  other  grain  into  vhiskey,  which 
was  read  and  referred  to  the  committee  on  the  Stay  Jjaw. 

Mr.  McNeill,  of  Cumberland,  by  consent,  presented  a  letter 
from  D.  W.  Robinson,  Esq.,  stating  that  Hon.  Warren  Winslow 
was  detained  from  the  Convention  by  ill  health. 

Mr.  Schenck,  from  the  select  committee  on  the  subject  of  sick 
soldiers  in  the  vicinity  of  Raleigh,  reported  that  the  committee 
had  ascertained  that  the  Surgeon  General  had  taken  steps  to 
make  ample  provision  for  sick  soldiers  near  this  city,  and  that  no 
action  by  the  Convention  is  necessary  on  tho  subject.  Lies  over 
one  day. 

Mr.  Speed,  from  the  select  committee  on  the  subject  of  Hos- 
pitals, reported  an  ordinance  for  the  erection  of  a  hospital  at 
Elizabeth  City,  which  wa**  read,  and  lies  over  under  tho  rules. 

Mr.  Holden  offered  a  resolution  to  raise  a  committee  of  in- 
quiry on  the  subject  of  the  manufacture  of  Oil  Cloth.  Lie:* 
over  under  the  rule. 

Mr.  Kittrell  introduced  a  resolution  to  sen<l  a  Commissioner 
to  the  coast,  to  gather  and  report  information  in  regard  to  the 
manufacture  of  salt  in  the  State,  and  moved  to  suspend  the 
rules  and  put  the  resolution  on  its  passage.  The  motion  was 
not  agreed  to,  and  the  resolution  takes  the  usual  course. 

By  Mr.  Setzcr,  a  resolution  of  inquiry  in  regard  to  a  distri- 
tion  of  tiio  acts  of  the  Gen(>ra)  Assembly.  Lies  over  under  the 
rule. 

Mr.  Biggs  moved  to  take  up  the  unfinished  business  of  Sat- 
urday,, being  the  ordinance  on  the  subject  of  the  manufacture 
of  salt,  and  the  motion  prevailed. 

The  ordinance  was  then  taken  up,  the  question  being  on  its 
passage  upon  the  second  reading. 

The  question  being  put,  the  ordinance  passed  its  second 
reading. 

Mr.  Woodfin  moved  to  put  it  on  the  third  reading.     The  mo- 
tion prevailed,  and  the  ordinance  was  read  the  third  time. 
31 


48  JOURNAL   OF   THE  [2d  Session, 

Mr.  McNeill,  of  Cumberland,  moved  to  amend  the  1st  section 
by  striking  out  of  the  second  line  the  words,  ''this  Convention,'" 
and  inserting  the  word  "  Governor,"  and  it  was  not  agreed  to, 

Mr.  Mitchell  ofFpr<^d  the  following-  amendment  as  an  additional 
section : 

"  Be  it  further  ordained^  That  the  price  per  bushel  to  the 
purchaser  of  salt,  made  in  pursuance  of  the  provisions  of  this 
ordinance,  shall  be  determined  by  ascertaining,  as  nearly  as 
possible,  the  immediate  cost  of  its  production,  the  incidental 
expenditures  of  its  inanufacture,  as  well  as  the  expense  of  trans- 
portation to  all  the  depositories  of  distribution  that  shall  be 
selected,  so  that  the  charge  of  production  shall  fall  equally  upon 
every  bushel  sold,  without  regard  to  a  difference  there  may  be  in 
the  cost  of  transportation  to  depositories  at  unequal  distances ; 
and  80  that  the  price  per  bushel  to  every  purchaser  from  the 
State  shall  be  the  same." 

This  amendment  was  not  agreed  to. 

Mr.  Leak,  of  Richmond,  moved  to  amend  by  striking  out  all 
after  the  word  "Act,''  in  the  7th  section,  2d  line,  and  inserting 
the  words,  "  or  shall  prove  faithless  to  the  trust  reposed  in  him, 
the  Convention  not  being  then  in  session,  the  Governor  shall 
supply  the  vacancy  created  in  any  of  the  aforementioned  means,  " 
and  the  amendment  was  agreed  to. 

Mr.  Battle,  of  Wake,  moved  to  amend  section  10,  by  striking 
out  the  words  "  $1500,''  in  order  to  insert  a  different  sum  :  and 
it  was  not  agreed  to,  ayes  34,  noes  44,  by  count. 

Mr.  Graham  offered  a  substitute,  proposing  that  the  State 
shall  pay  a  honv^  to  producers  of  salt  in  the  State,  under  certain 
regulations. 

Pending  the  consideration  thereof, 

A  communication  was  received  from  His  Excellency,  the 
Governor,  transmitting  a  communication  from  Prof.  Emmons, 
State  Geologist,  on  the  manufacture  of  Salt  from  sea-water,  which 
was  read. 

The  question  was  then  put  on  the  substitute  offered  by  Mr. 
Graham,  and  it  was  not  adopted. 

Mr.  Thomas,  of  Carteret,  moved  an  adjournment,  and  the 
motion  was  not  agreed  to. 


1861]  STATE   CONVENTTOK.  49 

Mr.  Bond  moved  to  amend  the  1st  section  of  the  ordinance, 
by  striking  out  all  after  the  word,  "  county,"  in  the  5th  line, 
and  inserting  the  following :  "  at  the  salt  works,  on  the  payment 
of  the  cost  of  manufacturing,  which  price  shall  be  paid  on  the 
delivery  of  the  salt,"  and  the  amendment  was  not  agreed  to. 

Mr.  Gilmer  moved  an  adjournment,  and  the  motion  did  not 
prevail. 

The  question  recurred  on  the  final  passage  of  the  ordinance, 
on  which  the  yeas  and  nays  were  ordered,  and  resulted,  yeas  64, 
nays  18,  as  follows : 

Yeas — Messrs.  Armfield,  Arrington,  Atkinson,  Battle  of 
Wake,  Biggs,  Brodnax,  Brown,  Bryson,  Caisson,  Christian,  Cun- 
ningham, Darden,  Diok,  l)ickson.  Dillard,  Douthitt,  Durham, 
£dwards,  Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Foy,  Gil- 
mer, Gorrell,  Hamlin,  Headen,  llearne,  Iliekp,  Holden,  Holmes, 
Houston,  Johnston,  Jones  of  Currituck,  Jones  of  Rowan,  Joyce, 
Kelly,  Kittrell,  Leak  of  Anson,  Leak  of  Richmond,  McDowell 
of'  Burke,  McDowell  of  Madison,  McNeill  of  Cumberland, 
McNeill  of  Harnett,  Miller,  Mos6ley,  Osborne,  Penland,  Phifer, 
Reid,  Rhodes,  Schcnck,  Setzer,  Shipp,  Smitli  of  Jolmston,  Smith 
of  Macon,  Spruill  of  Bertie,  Sutherland,  Thomas  of  Carteret, 
Thomas  of  Jackson,  Thornton,  Turner,  Williams,  Woodtin  and 
Wooten — 64. 

Nays — Messrs.  Allison,  Bond,  Calloway,  Cannon,  Ellison, 
Ferebee,  Graham,  Jones  of  Caldwell,  Mann,  iMitchell,  Pettigrew, 
Rayner,  Ruffin,  Satterthwaite,  Speed,  Sprouse,  Walton  and 
Warren — 18. 

On  motion  of  Mr.  Speed,  Mr.  Walton  obtained  leave  of 
absence  from  the  Convention  for  an  indefinite  period. 

Mr.  Schenck  moved  to  reconsider  the  vote  by  which  the  ordi- 
nance providing  for  the  manufacture  of  salt  passed  the  third 
reading,  and  the  motion  was  not  agreed  to. 

On  motion  of  Mr.  Gorrell,  the  Convention  adjourned  till  10 
u  clock  to-mono w  morniua;. 


50  JOUBNAI;   OF   THE  [2d  Sessiok, 


IN  CONVENTION,  Tuesday,  December  3,  1861. 

The  President  called  the  Convention  to  order  pursuant  to 
adjournment.  Prayer  by  Rev.  Mr.  Broaddus,  cf  the  Baptist 
Church. 

The  Journal  of  yesterday  was  read  and  approved. 

Mr.  Warren  presented  a  petition  from  citiiiens  of  Beaufort 
County,  praying  redress  uf  certain  grievances,  which  was  read, 
and,  on  motion  of  Mr.  Warren,  referred  to  a  select  committee. 

Mr.  Ruflin,  from  the  select  committee  on  the  present  wants  of 
the  Treasury,  reported  an  ordinance  to  increase  the  clerical  force 
of  the  Treasury  Department,  which  passed  the  first  reading  and 
was  ordered  to  be  printed.' 

Mr.  Sutherland  introduced  the  following  rt?soiutiou,  which  lies 
over  one  day  under  the  rule. 

Resolved,  That  the  Military  Committet'  be  instructed  to 
inquire  into  the  propriety  of  the  State's  making  an  appropriation 
for  the  construction  of  the  most  improved  kind  of  arms,  for  arm- 
intr  the  nnlitia  of  the  State  ;  and  that  they  report  by  ordinance 
or  otherwise. 

Mr.  Osborne,  froni  the  committee  on  military  affaii-e,  reported 
an  ordinance  for  the  construction  of  a  railroad  from  Greensboro', 
on  the  North  Carolina  Railroad,  to  Danville,  in  Virginia,  which 
was  ordered  to  be  printed  and  made  the  special  order  for  Monday 
next  at  12  o'clock. 

Mr.  Battle,  of  Wake,  introduced  a  resolution  requiring  the 
Secretary  of  State  to  furnish,  for  tlie  use  of  the  Convention,  one 
copy  of  Cooke's  ruap  and  one  of  Pearce's  map  of  North  Caro- 
lina ;  which  lies  over  under  the  rule. 

Mr.  Calloway  introduced  an  ordinance  to  repeal  the  4th  section 
of  an  Act  of  the  late  extra  session  of  the  General  Assembly, 
entitled  "  Revenue,  "  which  passed  the  first  reading,  and  wae 
referred  to  the  committee  on  Finance. 

Mr.  Calloway  also  introduced  a  resolution  of  inquiry  in  regard 
to  an  amendment  to  the  Constitution,  which  lies  over  one  day, 
under  the  rule.  ^ 


1,61.]  STATE   CONVENTION.  61 

Mr  Thon>a»,  of  Jackson,  introduced  an  ordinance  to  equalise 
taxation  ;  and  an  ordinance  to  provide  a  permanent  aeUool  fnnd 
a"d Te^uaUze  it,  distribution  among  the  scholars  ;  «h.ch  were 
severally  read,  and  lie  over  for  cons.deration. 

The  following  resolutions,  ,(<■.,  heretofore  mtroduced,  were 
taken  up  and  disposed  of  as  indicated  : 

A  rllution  of  inquiry  in  relation  to  twelve  months  volun- 

tcers— read  and  adopted. 

A  resolution  of  thanks  to  the  officers  and  soldier,  captured  at 
Fort  Hatteras-read  and  unanimously  adopted. 

A  resolution  of  inquiry  concerning  volunteer  troops  called  mto 
sorvicc  for  local  defense— read  and  agreed  to. 

An  ordinance  to  provide  for  the  office  of  L.eutenant-Gov- 
ernor,-rcad  the  second  time  and  referred  to  the  committee  on 
the  Executive  Department. 

An  ordinance  concerning  the  emancipation  ot  slaves-read  the 

second  time.  •  ,  ,.  ii 

Mr.  Thoma.,  of  .lackson,  moved  to  lay  the  ordinance  on  the 

tihle   and  the  motion  prevailed. 

On  motion  of  Mr.  Biggs,  the  special  order  of  the  day,  bemg 
the  ordinance  to  suppress  speculation,  .as  taken  up,  and  passevl 
over  informally  for  the  present. 

On  motion  of  Mr.  Smith,  of  Johnston,  the  ordinance  to  pre- 
vent the  distillation  of  grain,  was  referred  to  the  committee  on 

DiBtillerics.  .  .  , 

The  ordinance  to  define  and  punish  sedition  was  taken  up  on 

its  second  reading  and  discussed.     Pending  its  consideration 
On  motion  of  Mr.  Speed,  the  Convention  adjourned  to  ten 

o'clock  to-morrow  morning. 


IN  CONVENTION,  Wednesday,  December  4,  1861. 
The   President  called  the  Convention  to  order  pursuant  to 
adjournment.     P-i-ayer  by  Rev.  Mr.   Broaddus.  of  the  Baptist 

^      (Church. 

The  journal  of  yester.lay  was  read  and  approveii. 


52  JOURNAL  OF  THE  [2d  Session, 

The  PreaiJeut  laid  before  the  Convention  a  majority  and  a 
minority  report  from  the  Board  of  Claims. 

Mr.  Ruffin  moved  that  the  reports  be  printed  and  referred  to 
the  committee  of  finance,  with  instructions  to  inquir©  as  #o  the 
expediency  of  continuing  the  Board  of  Claims  beyond  the  15th 
of  the  present  month,  and  that  they  report  by  ordinance  or 
otherwise ;  and  tlie  motion  was  agreed  to. 

On  motion  of  IMr.  Reid,  Mr.  Biggs  was  granted  leave  of 
absence  for  one  week,  from  and  after  to-day. 

Mr.  Woodfin  moved  to  go  forthwith  into  the  election  of  a  Com.- 
luissioner  to  superintend  the  manufacture  of  salt,  and  the  motion 
prevailed,  ayes  52,  noes  24. 

Mr.  Woodfin  then  nominated,  for  Commissioner,  Phil.  B. 
Hawkins,  Esq.,  of  Franklin  County. 

Mr.  Pettigrew  nominated  Edward  Wood,  Esq.,  of  Edenton. 

■Mr.  Christian  nominated  John  M.  Worth,  Esq.,  of  Randolph. 

Mr.  Ellison  nominated  E.  W.  Bagley,  Esq.,  of  Martin. 

Mr.  Thomas,  of  Carteret,  nominated  Benjamin  L.  Perry,  Esq., 
of  Carteret. 

The  Convention  then  proceeded  to  vote  viva  voce,  as  follows : 

For  ]Mii.  Hawkins  : — Messrs.  Arrington,  Atkinson,  Batch- 
clor,  Battle  of  Edgecombe,  BroAvn,  Bunting,  Caldwell  of  Rowan, 
Darden,  Durham,  Edwards,  Hicks,  Holmes,  Johnston,  Kelly, 
Leak  of  Richmond,  Lyon,  McDowell  of  Burke,  McDowell  of 
Madison,  McNeill  of  Cumberland,  Mebanc,  Osborne,  Penland, 
Reid,  Royster,  Schenck,  Strange,  Thomas  of  Jackson,  Thornton, 
Turner,  AVhitford,  Williams,  Williamson  and  Woodfin — 33. 

For  Mh.  Wuki'II  : — ^Messrs.  Allison,  Armtield,  Battle  of 
Wake,  Calloway.  Christian,  r)ick,  Doutiiitt,  Eller,  Foster  of 
Ashe,  Foster  of  Randolph,  (rilmer,  Gorrell,  (iraham,  Hamlin, 
Headcn,  Hearne,  Houston,  Jones  of  Rowan,  .Joyce,  Kittrell, 
Leak  of  Anson,  Long,  Manning,  McNeill  of  Harnett,  Miller, 
Piiifer,  Rhodes,  Sanders,  Setzer,  Smith  of  .Julinston,  Spruill  of 
T3'rrell,  and  Sutliorland — 32. 

For  Mr.  Wood  : — Messrs.  Bond,  Brodnax,  Cannon,  Carson, 
Dickson,  Dillard,  Ferebeo,  Jones  of  Currituck,  Merritt,  Petti- 
grew, Shipp,  Spnnll  of  Bertie,  Warren  and  Wooten — 14. 


1861.]  .^TATE   CONVENTION.  58 

Fob  MPw  Baglev  : — Messrs.  Berry,  Ellison.  Jones  of  Caldwell, 
and  Satterth-waite — 4. 

For  Mr.  Pekrv  : — Mcssrp.  Holden,  Mann  acu  Tliomac  of 
Carteret — 8. 

The  whole  number  of  votes  oast  way  86  :  necessary  to  a  choice, 
44.  No  one  having  received  a  majority,  there  was  no  election, 
and  the  Convention  proceeded  to  vote  a  second  time  as  follows, 
the  names  of  Messrs.  Bagley  and  Wood  being  %vithdrawn  : 

For  Mr.  Worth  : — Messrs.  Allison,  Armfield,  Badger,  Battle 
of  Wake,  Berry,  Bond,  Brodnax,  Bryson,  Calloway,  Cannon, 
Christian,  Dick,  Dickson,  Douthitt,  Eller,  Ellison,  Ferebce,  Fos- 
ter of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrcll,  Graham, 
Hamlin,  Headcn,  Heavnc,  Holden,  Houston,  Jones  of  Caldwell, 
Jones  of  Rowan,  Joyce,  Kittrell,  Leak  of  Anson,  Leak  of  Rich- 
mond, Long,  Mann,  Manning,  McNeill  of  Harnett,  Merritt, 
Miller,  Pettigrew,  Phifer,  Rhodes,  Sanders,  Satterthwaite,  Setzer, 
Shipp,  Smith  of  Johnston,  Smith  of  Macon,  Sprouse,  Spruill  of 
Bertie,  Spruill  of  Tyrrell,  Sutherland  and  Warren — 53. 

For  Mr.  Hawkins  : — Messrs.  Arrington,  Atkinson,  Batch- 
elor,  Battle  of  Edgecombe,  Brown,  Caldwell  of  Rowan,  Carson, 
Darden,  Dillard,  Durham,  Edwards,  Hicks,  Holmes,  Johnston, 
Jones  of  Currituck,  Kelly,  Lyon,  McDowell  of  Burke,  McDowell 
of  Madison,  McNeill  of  Cumberland,  Mebane,  Osborne,  Penland, 
Rayner,  Reid,  Royster,  Ruffin,  Schenck,  Strange,  Thomas  of 
Jackson,  Thornton,  Turner,  Williams,  Williamson,  Woodfin  and 
Wooten — 36. 

For  Mr.  Perry: — Messrs.  Whitford  and  Thomas  of  Car- 
teret~2. 

The  whole  number  of  votes  cast  was  91,  necessary  to  a  choice 
46.  Mr.  Worth  having  received  a  majority,  was  declared  to  be 
elected. 

The  President  announced  Messrs.  Warren,  Moseley,  Thomas 
of  Carteret,  Johnston  and  Bryson,  as  the  select  committee  on 
the  memorial  of  citizens  of  Beaufort. 

Mr.  McNeill,  of  Cumberland,  introduced  the  following  reso- 
lution, which  had  its  first  reading  and  was  referred  to  the 
committee  on  the  Coalfields  Connection  : 


1 


54  JOURNAL   OF  THE  [2d  Sesstox, 

Resolved,  That  the  committee  on  the  Coalfields  Connection 
be  instructed  to  inquire  into  the  expediency  of  modifying  the 
Charter  of  the  "Western  Railroad  Company,  as  amended  at  the 
last  regular  session  of  the  General  Assembly,  and  report  to  this 
Convention  by  ordinance  or  otherwise. 

Mr.  Gorrell  presented  a  memorial  from  citizens  of  Guilford 
County,  asking  a  repeal  of  the  Stay  Law,  which  was  read  and 
referred  to  the  committee  on  the  Stay  Law. 

Mr.  Ferebee  introduced  the  following  resolution,  which  was 
read,  and  lies  over  one  day,  under  the  rules : 

Resolved,  That  this  Convention  will  take  a  recess  from  and 
after  Saturday,  the  14th  inst.,  until  Monday,  the  20th  of 
January. 

Mr.  Calloway  moved  to  take  up  the  ordinance  to  repeal  the 
4th  section  of  the  Stay  Law,  introduced  by  him  on  yesterday, 
and  refer  the  same  to  the  committee  of  finance,  and  the  motion 
was  agreed  to. 

Also,  to  take  up  his  resolution  oifered  yesterday  to  amend  the 
Constitution,  and  refer  it  to  the  committee  on  the  Legislative 
department,  and  the  motion  prevailed. 

Mr.  Manning  moved  to  make  the  ordinance  providing  for  an 
exchange  of  bonds  with  the  Coalfields  Railroad  Company  the 
special  order  for  Tuesday  next,  at  12  o'clock,  M,,  and  it  was 
agreed  to. 

On  motion  of  Mr.  Sutherland,  his  resolution  in  regard  to 
arming  the  militia,  was  taken  up  ivnd  referred  to  the  committee 
on  military  affairs. 

The  President  (Mr.  Satterthwaite  in  the  Chair)  announced  a 
communication  from  C.  H.  Brogden,  Comptroller,  asking  an 
increase  in  the  clerical  force  in  his  office,  which  was  read,  and, 
on  motion  of  Mr.  Badger,  was  referred  to  the  committee  on 
the  Wants  of  the  Treasury. 

Mr.  Ferebee  moved  that  the  Convention  now  adjourn  until 
Friday  morning,  in  order  to  give  the  use  of  the  Hall  to  the 
Electoral  College  to-day,  and  to  observe  to-morrow  as  a  day  of 
thanksgiving,  in  pursuance  of  the  President's  proclamation. 
The  motion  prevailed,  and  the  Convention  adjourned  to  ten 
o" clock,  Friday  morning. 


1«61.]  ST.VTK  CONYENTtoK,  ^'SS- 

IN  CONVENTION,  Friday,  December  «,  1861. 

The  President  called  the  Convention  to  order  pursuant  to- 
adjournment.  Prayer  by  Rev.  Mr.  Ilardio,  of  the  Presbyterian 
Church. 

The  journal  of  Wednesday  was  read  and  amended. 

Mr.  Arrington  presented  a  petition  from  citizens  of  Nash 
County,  in  favor  of  the  State's  paying  the  Confederate  tax ;  which 
was  read  and  referred  to  the  committee  on  that  subject. 

Mr.  Johnston  presented  a  petition  from  Mary  Ann  Rankin,  a 
free  woman  of  color,  asking  to  be  allowed  to  enslave  herself  and 
children ;  read  and  referred  to  the  committee  on  free  negroes. 

Mr.  Thomas,  of  Jackson,  offered  a  resolution  for  the  appoint- 
ment of  a  committee  to  inquire  into  the  expediency  of  completing 
the  Western  North  Carolina  Railroad  ;  lies  over  one  day  under 
the  rules. 

By  Mr.  Armfield,  a  resolution  instructing  the  Military  Commit- 
tee to  inquire  and  report,  in  regard  to  the  propriety  of  furnish- 
ing our  soldiers  with  rations  of  spirits — lies  over  under  the  rules. 

Mr.  Warren  presented  a  resolution  in  favor  of  Dr.  William  E. 
Pool ;  which  being  read,  he  moved  to  suspend  the  rules  and  put 
the  resolution  on  its  passage,  and  it  was  agreed  to. 

Mr.  Rayner  moved  to  refer  the  resolution  to  a  select  committee 
of  three,  and  the  motion  prevailed. 

Mr.  Osborne,  from  the  committee  to  whom  was  referred  the 
resolution  in  regard  to  amending  the  Constitution,  reported  an 
ordinance  defining  the  manner  of  amending  the  CoiLStitution, 
which  lies  over  one  day  under  the  rules. 

Mr.  Graham  moved  to  rescirtd  the  oi*der  of  the  Convention 
for  printing  the  report  of  the  Board  of  Claims,  and  the  motion 
was  agreed  to. 

Mr.  Fuller  presented  a  petition  from  citizens  of  Robeson 
County,  against  distilleries  and  speculators,  which  was  read  and 
referred  to  the  committee  on  Distilleries. 

By  Mr.  Long,  two  petitions  from  citizens  of  Randolph  in  faVor 
of  a  repeal  of  the  Stay  Law  ;  read  and  referred  to  the  committee 
on  the  Stay  Law. 
S2 


56  JOURNAL  OF   THE  [2d  Sesbion, 

By  Mr.  Calloway,  a  resolution  instructing  the  committee  on 
the  Executive  Department  to  inquire  into  the  expediency  of 
amending  the  Constitution  in  regard  to  the  election  of  Governor ; 
which  was  read,  and  lies  over  one  day. 

Mr.  Sutherland  introduced  an  ordinance  for  the  suppression  of 
Distilleries ;  which  was  read  and  lies  over  one  day,  under  the 
rules. 

The  following  resolutions,  etc.,  heretofore  introduced,  having 
lain  over  under  the  rules,  were  taken  up,  read,  and  disposed  of 
as  indicated : 

A  resolution  requesting  our  Representatives  in  Congress  to 
vote  for  an  increase  in  the  pay  of  soldiers. 

Mr.  Battle,  of  Wake,  offered  an  amendment,  which  being 
modified,  on  motion  of  Mr.  Rayner,  was  adopted,  as  follows  : 

Resolved,  That  our  Senators  and  Representatives  in  Congress 
be  requested  to  vote  for  an  increase  of  the  pay  of  the  common 
soldiers  of  the  Confederate  army,  Provided,  the  source  of  the 
Confederate  Treasury  will  justify  it. 

A  resolution  to  elect  a  Governor  to  fill  the  vacancy  occasioned 
by  the  death  of  Hon.  John  W.  Ellis,  was  read,  and  on  motion 
of  Mr.  Green,  made  the  special  order  for  Wednesday  next  at 
11  o'clock. 

The  ordinance  to  allow  Duncan  Artis,  free  negro,  to  enslave 
himself,  was  read  the  second  time  and  referred  to  the  committee 
•n  free  negroes. 

The  resolutions  discountenancing  party  spirit  during  the  war, 
and  declaring  the  military  subordinate  to  the  civil  authority, 
were  read. 

The  question  being  on  the  adoption  of  the  resolutions,  the 
yeas  and  nays  were  ordered,  on  motion  of  Mr.  Warren.  Before 
the  vote  was  taken, 

Mr.  Batchelor  moved  to  strike  out  the  second  resolution,  on 
which  the  yeas  and  nays  were  ordered,  on  motion  of  Mr.  Warren, 
and  resulted  in  the  negative,  yeas  10,  nays  68,  as  follows : 

Yeas — Messrs.  Batchelor,  Battle  of  Edgecombe,  Bunting, 
Darden,  Fuller,  Holmes,  McNeill  of  Cumberland,  Rayner,  Suth- 
erland, Thornton  and  Wooten — 10, 


1861.]  STATE   CONVENTION.  5T 

* 

Nays — Messrs.  Armfield,  Arrington,  Battle  of  Wake,  Berry, 
Bond,  Brodnax,  Bryson.  Caldwell  of  Rowan,  Calloway,  Cannon, 
Christian,  Dick,  Dickson,  Dillard,  Edwards,  Eller,  Ellison, 
Ferebee,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell, 
Graham,  Green,  Hamlin,  Hicks,  Holden,  Houston,  Johnston, 
Jones  of  Caldwell,  Jones  of  Currituck,  Jones  of  Rowan,  Joyce, 
Kelly,  Kittrell,  Leak  of  Anson,  Leak  of  Richmond,  Long,  Mann, 
Manning,  McDowell  of  Burke,  McNeill  of  Harnett,  Meares, 
Merritt,  Mitchell,  Myers,  Osborne,  Patterson,  Penland,  Petti- 
grew,  Phifer,  Rhodes,  Royster,  Sanders,  Satterthwaitc,  Setzer, 
Shipp,  Smith  of  Halifax,  Smith  of  Macon,  Sprouse,  Spruill  of 
Bertie,  Spruill  of  Tyrrell,  Strange,  Thomas  of  Carteret,  Turner, 
Warren,  Williamson,  Wilson  and  Woodfin — 6S. 

Mr.  Badger  moved  to  lay  the  resolutions  on  the  table,  on 
which  the  yeas  and  nays  were  oidered,  on  motion  of  Mr.  W'arren. 

Mr.  Graham  called  for  the  special  orders  of  the  day,  the  hour 
for  the  consideration  thereof  having  arrived,  and  it  was  agreed  to. 

Mr.  Ferebee  moved  to  postpone  the  special  order  for  the  pur- 
pose of  considering  his  resolution  concerning  a  recess,  and  the 
motion  prevailed. 

The  resolution  being  read, 

Mr.  Hicks  moved  to  strike  out  "20th  of  January,"  in  order 
to  insert  some  other  day.     Not  agreed  to. 

Mr.  Woodfin  moved  to  strike  out,  "Saturday,  14th,"  and 
insert  "Friday,  13th,"  and  the  motion  prevailed. 

Mr.  Thompson  offered  a  substitute,  proposing  an  adjournment 
on  the  21st  inst.,  to  the  close  of  the  present  war. 

The  President  decided  the  substitute  to  be  out  of  order. 

From  this  decision  Mr.  Thompson  appealed  to  the  Convention, 
and  the  question  being  put,  the  decision  of  the  Chair  was 
sustained. 

The  question  being  on  the  adoption  of  the  resolution  as 
amended,  the  yeas  and  nays  were  ordered,  on  motion  of  Mr. 
Merritt,  and  resulted  in  the  affirmative,  yeas  53,  nays  31,  as 
follows : 

"iKAS — Mojssrs.  Arriugton,  Badger,  Batchelor,  Battle  of  Edge- 
combe, Berry,  Bond,  Bunting,  Cannon,  Carson,  Christian,  Dick, 


58  JOURNAL  OF  THE  [2d  Sbssiox, 

Dillard,  Edwavds,  Eller,  Ellison.  Ferebee,  Foster  of  Randolph, 
Fuller,  Graham,  Green,  Hargrove,  Hicks,  Holden,  Holmes, 
Houston,  Johnston,  Jones  of  Currituck,  Kelly,  Leak  of  Anson, 
Mann,  McDowell  of  Burke.  McNeill  of  Cumberland,  Meares. 
Myers,  Pettigrew,  llayner,  Reid.  Royster,  Sanders,  Satterth- 
waite,  Sctzer,  Smith  of  Halifax,  Sprouse,  Spruill  of  Bertie, 
Spruill  of  Tyrrell,  Strange,  Sutherland,  Thomas  of  Carteret, 
Thornton,  Warren,  Whitiord,  Woodfin  and  Wooten — 53. 

Nays — Messrs.  Armfield,  Battle  of  Wake,  Bryson,  Caldwell 
of  Rowan,  Calloway,  Darden,  Dickson,  Foster  of  Ashe,  Gilmer, 
Grtrrell,  Hamlin,  Headen,  Jones  of  Rowan,  Joyce,  Kittrell, 
Leak  of  Richmond,  Long,  Manning,  Merritt,  Mitchell,  Osborne, 
Patterson,  Penland,  Phifer,  Rhodes,  Shipp,  Smith  of  Macon, 
Thomas  of  Jackson,  Thompson,  Williamson  and  Wilson — 3L 

Mr.  Satterthwaite  moved  to  reconsider  the  last  vote,  and  the 
motion  was  not  agreed  to. 

Mr.  Satterthwaite  moved  to  further  postpone  the  special  orders 
of  the  day,  for  the  purpose  of  taking  up  and  considering  a 
resolution  to  send  a  Commissioner  to  Richmond  to  confer  with 
the  Confederate  authorities  in  regard  to  the  payment  of  the 
Confederate  taxes  by  the  State  ;  and  the  motion  prevailed. 

The  resolution  was  then  read. 

Mr.  Ellison  offered  a  substitute,  requiring  our  Representatives 
in  Congress  to  confer  with  the  Confederate  authorities,  instead 
of  sending  a  Commissioner,  and  it  Avas  not  agreed  to. 

Mr.  Satterthwaite  then  moved  to  fill  the  blank  in  the  resolu- 
tion with  the  name  of  1).  D.  Ferebee,  Esq.,  and  the  motion 
prevailed. 

The  question  was  then  on  the  adoption  of  the  resolution,  on 
which  the  yeas  and  nays  were  ordered,  on  motion  of  Mr.  Ellison, 
and  resulted  in  the  affirmative,  yeas  55,  nays  22,  as  follows: 

Yeas — Messrs.  Arrington,  Batchelor,  Battle  of  Wake,  Berry, 
Bond,  Brodnax,  Bryson,  Bunting,  Calloway,  Cannon,  Christian, 
Cunningham,  Darden,  Dick,  Dickson,  Dillard,  Edwards,  Eller, 
Foster  of  Aslie,  Graham,  Hargrove,  Headen,  Hieks,  Holden, 
Holmes,  Johnston,  Jones  of  Currituck,  Jones  of  Rowan,  Kit- 
trcll.  Leak  of  Anson,  Leak  of  Hiehimnid,  Long,  Mann,  Meares. 


1861.]  STATE   CONVENTION.  59 

Merritt,  Mitchell,  Osborne,  Patterson,  Pettigrew,  Reid,  Rhodes, 
Royster,  Sanders,  Satterthwaite,  Setzer,  Smith  of  Halifax, 
Smith  of  Macon,  Speed,  Sprousc,  Spruill  of  Bertie,  Spruill  of 
Tyrrell,  Thomas  of  Carteret,  Thornton,  Warren,  Williamson 
and  Wilson — 55. 

Nays — Messrs.  Armfield,  Badger,  Cakhvell  of  Rowan,  Elli- 
son, Foster  of  Randolph,  Gilmer,  Gorrcll,  Hamlin,  Houston. 
Joyce,  Kelly,  McDowell  of  Burke,  McNeill  of  Cumberland, 
Penlund,  Rayner,  Shipp,  Strange,  Thomas  of  Jackson,  Thomp- 
son, Turner,  Woodfin  and  Wooten — 22. 

The  President  announced  an  invitation  from  W.  J,  Palmer, 
Principal  of  the  Asylum  for  the  Deaf  and  Dumb  and  the  Blind, 
to  the  Convention,  to  attend  an  exhibition  at  that  institution 
to-night,  at  7  o'clock,  which  was   read  at  the  Clerk's  desk. 

Mr.  Battle,  of  Wake,  moved  the  appointment  of  an  addition;i.1 
member  on  the  committee  of  enrollments. 

The  motion  was  agreed  to,  and  the  President  appointed  Mr. 
Pettigrew  on  said  committee. 

The  President  announced  Messrs.  Warren,  Rayner  and 
Meares,  to  constitute  the  select  committee  on  the  resolution  in 
favor  of  Dr.  William  E.  Pool. 

On  motion  of  Mr.  Headen,  the  Convention  adjourned  to  ten 
o'clock  to-morrow  morning. 


IN  CONVENTION,  S.^tueday,  December  7,  1861. 

The  President  called  the  Convention  to  order  pursuant  to 
adjournment.  Prayer  by  the  Rev.  Mr.  Lansdale,  of  the  Bap- 
tist Church. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Mitchell  presented  the  credentials  of  A.  M.  Bogle,  dele- 
gate elect  from  Alexander  county,  to  fill  the  vacancy  caused 
by  the  death  of  A.  C.  Stewart,  which  were  read,  and  Mr.  Bogle 
took  his  scat  in  the  Convention. 

Mr.  Shipp  presented  a  memorial  from  cttizens  of  Henderson 
county,  praying  a  repeal  of  the  Stay  Law,  which  was  read  and 
referred  to  the  committee  on  the  Stay  Law, 


60  JOURNAL  OF  THE  [2d  Session, 

Mr.  Battle,  of  Wake,  from  the  committee  on  Enrollments, 
reported  as  correctly  enrolled,  the  following  ordinances  and 
resolutions,  and  the  same  were  ratified  in  open  Convention  by 
the  signature  of  the  President  and  attestation  of  the  Secreta- 
ries, viz : 

A  resolution  of  thanks  to  the  oflficers  and  soldiers  for  gallant 
conduct  in  defending  Hattoras. 

A  resolution  appointing  Dennis  D.  Ferebee  Commissioner  to 
Richmond. 

An  ordinance  to  amend  the  second  section  of  the  fourth 
article  of  the  amendments  to  the  Constitution. 

A  resolution  to  transfer  certain  military  companies  to  Col.  W. 
J.  Green. 

An  ordinance  to  provide  for  amending  the  forty-sixth  section 
of  the  Constitution  of  this  State  in  regard  to  taking  the  yeas 
and  nays  in  either  house  of  the  General  Assembly. 

Resolutions  of  confidence  in  our  cause  of  war,  and  in  the 
President  and  army. 

An  ordinance  concerning  the  repeal  of  the  14th  chapter  of 
the  acts  of  the  second  extra  session  of  1861. 

Resolution  on  taking  a  recess. 

/    Resolution  requesting  our  Senators  and  Representatives  in 

Congress  to  vote  for  an  increase  of  the  pay  of  soldiers. 

An  Ordinance  to  transfer  certain  companies  to  Col,  W.  J. 
Green. 

An  Ordinance  in  regard  to  a  supply  of  Salt. 

Mr.  Graham  offered  a  resolution  granting  leave  of  absence  to 
the  Assistant  Secretary  of  the  Convention,  for  Monday  and 
Tuesday  next;  which  was  adopted  under  a  suspension  of  the 
rules. 

Mr.  Warren,  from  the  t^eiect  committee  on  the  resolution  in 
favor  of  Dr.  Wm.  E.  Pool,  reported  back  the  resolution,  recom- 
mending its  passage  :  and  the  rules  being  suspended,  the 
resolution  passed  its  several  readings  and  was  ordered  to  be 
enrolled. 

Mr.  Gilmer  introduced  a  resolution  instructing  the  finance 
committee  to  inquire  concerning  the  expediency  of  making  some 


1861.]  STATE   CONVENTION.  61 

disposition  of  the  State's  interest  in  the  Cape  Fear  and  Deep 
River  Improvement ;  which  was  adopted  under  a  suspension  of 
the  rules. 

The  following  ordinances  and  resolutions,  which  have  had 
their  day  under  the  rule,  were  taken  up  and  disposed  of  as 
indicated  : 

A  resolution  concerning  the  manufacture  of  Oil  Cloth,  read 
and  adopted,  as  follows  : 

Resolved^  That  a  committee  of  three  be  appointed  to  inquire 
into  the  expediency  of  extending  encouragement  to  the  manu- 
facture of  Oil  Cloth  in  this  State,  and  that  they  report  by 
ordinance  or  otherwise. 

An  ordinance  for  the  suppression  of  distilleries,  was  read,  and 
on  motion  of  Mr.  Satterthwaite,  laid  upon  the  table. 

Mr.  Calloway  moved  to  take  up  his  resolution  respecting  the 
office  of  Governor,  and  refer  the  same  to  the  committee  on  the 
Executive  Department,  and  it  was  agreed  to. 

The  resolution  to  give  soldiers  rations  of  spirits,  was  read  the 
second  time. 

Mr.  Osborne  moved  to  lay  the  resolution  on  the  table,  and  it 
was  not  agreed  to. 

The  question  was  then  put  on  its  passage,  and  it  passed  the 
second  reading. 

The  resolution  for  appointing  a  committee  of  five  to  inquire 
concerning  the  public  printing,  and  the  distribution  of  the  Acts 
of  the  General  Assembly,  was  read  the  second  time,  and  adopted, 
ayes  35,  noes  28. 

The  resolution  to  send  a  Commissioner  to  the  seacoast  to 
gather  information  in  regard  to  the  manufacture  of  salt,  was 
read,  and,  on  motion  of  Mr.  Kittrell,  laid  upon  the  table. 

The  resolution  for  the  establishment  of  a  hospital  at  Elizabeth 
City  was  redd  the  second  time. 

Mr.  Rayner  offered  an  amendment,  leaving  the  establishment 
of  the  hospital  to  the  discretion  of  the  Surgeon  General,  and 
the  amendment  was  agreed  to. 
/^   The  special  order  of  the  day,  being  the  ordinance  to  define 
""   and  punish  sedition,  was  taken  up. 


^■2  JOURNAL  OF  THE  [2u  Sbs,«ion, 

Mr.  Graham  moved  itf»  indefinite  postponement. 

Mr.  Badger  moved  to  lay  it  on  the  table,  on  which  the  yeas 
and  nays  were  ordered,  on  motion  of  Mr.  Graham,  and  resulted 
in  the  negative,  yeas  34,  nays  52,  as  follows : 

Yeas — Messrs.  Badger,  Battle  of  Edgecombe,  Bogle,  Brod- 
nax,  Bunting,  Caldwell  of  Rowan,  Dickson,  Dillard,  Edwards, 
Fuller,  Green,  Hargrove,  Hicks,  Holmes,  Houston,  Kelly, 
Mitchell,  Osborne,  Patterson,  Penland,  Pettigrew,  Rayner, 
Reid,  Rhodes,  Royster,  Strange,  Thompson,  Thornton,  Ward. 
Williamson,  Woodfin  and  Wooten — 34. 

Nays — Messrs.  Armficld,  Arrington,  Barnes,  Batchelor,  Bat- 
tle of  Wake,  Berry,  Bond,  Bryson,  Cnlloway,  Cannon,  Carson, 
Christian,  Darden,  Dick,  Eller,  Ellison,  Foster  of  Ashe,  Foster 
of  Randolph,  Gilmer,  Gorrell,  Graham,  Hamlin,  Headcn,  Hol- 
den,  Johnston,  Jones  of  Currituck,  Jones  of  Rowan,  Kittrell, 
Leak  of  Anson,  Leak  of  Richmond,  Long,  Manning,  Meares, 
Merritt,  Myers,  Phifer,  Sanders,  Satterthwaite,  Setzer,  Shipp, 
Smith  of  Halifax,  Smith  of  Macon,  Speed,  Sprouso,  Spruill  of 
Bertie,  Spruill  of  Tyrrell,  Sutherland,  Thomas  of  Carteret, 
Warren,  Whitford  and  Wilson — 52. 

The  question  then  recurred  on  the  motion  of  Mr.  Graham 
to  postpone  indefinitely,  pending  the  consideration  of  which, 

The  President  announced  the  following  committees  : 

On  the  resolution  concerning  the  manufacture  of  Oil  Cloth— ^ 
Messrs.  Holden,  Strange  and  Jones  of  Rowan. 

On  the  resolution  of  inquiry  concerning  the  distribution  of 
the  Acts  of  the  Creneral  Assembly — Messrs.  Setzer,  Jones  of 
Currituck,  Penland,  Allison  and  Spruill  of  Tyrrell. 

Then,  on  motion  of  Mr.  Rayner,  the  Convention  adjourned 
to  10  o'clock,  Monday  morning. 


IN  CONVENTION,  Monday,  December  9,  1861. 

The  Convention  was  called  to  order  by  the  President  pursuant 
to  adjournment.  Prayer  by  the  Rev;  J.  M.  Atkinson,  of  the 
Presbyterian  Church. 

The  journal  of  Saturday  was  read  and  approved. 


1861.]  STATE   CONVENTION.  63 

The  President  informed  the  Convention  that  he  had  complied 
with  their  order  to  forward  to  our  Representatives  in  Congress 
the  resolutions  of  coniidencc  in  the  justice  of  our  cause  of  war, 
and  in  the  President  and  army. 

Mr.  Strange  presented  a  petition  from  citizens  of  New  Han- 
over against  distilleries,  which  was  read  and  referred  to  the 
committee  on  Distilleries. 

Mr.  Mitchell  presented  a  memorial  from  citizens  of  Iredell 
asking  a  modification  of  the  Stay  Law,  which  was  read  and 
referred  to  the  committee  on  the  Stay  Law. 

Mr.  SattcrthAvaite,  from  the  select  committee  to  whom  was 
referred  a  resolution  concerning  the  disbursement  of  the  public 
money,  reported  an  ordinance  to  continue  the  Board  of  Claims, 
and  to  enlarge  the  duties  And  powers  of  the  same,  which  passed  its 
first  reading,  and  together  with  the  report,  ordered  to  be  printed. 
Mr.  Mitchell  introduced  an  ordinance  to  repeal  certain  sections 
of  an  act  of  the  General  late  Assembly,  to  alter  the  jurisdic- 
tion of  the  Courts  and  the  rules  of  pleadings  therein,  which 
was  read  and  referred  to  the  committee  on  the  Judiciary  De- 
partment. 

Mr.  Hicks  introduced  an  ordinance  to  re-construct  certain 
bridges  on  the  Western  Turnpike  Road — read  first  time  and 
lies  over  under  the  rule. 

Mr.  Battle,  of  Wake,  introduced  a  resolution  instructing  the 
Military  Committee  to  inquire  into  the  propriety  of  exempting 
Clerks  of  the  County  Courts  from  periodical  drills  of  the 
militia,  which  was  read  and  lies  over  under  the  rule. 

Mr.  Reid  introduced  an  ordinance  for  increasing  the  salaries 
of  the  Public  Treasurer  and  Comptroller,  which  was'  read  and 
lies  over  for  consideration. 

The  following  ordinances,  &c.,  heretofore  introduced  were 
taken  up  and  disposed  of  as  indicated : 

A  resolution  to  furnish  maps  for  the  use  of  the  Convention — 
read  the  second  time  and  laid  upon  the  table. 

An  ordinance  to  authorize  the  Public  Treasurer  to  employ 
an  additional  clerk,  was  read  the  second  time  and  ordered  to  a 
third  reading. 


64  JOURNAL  OF   THE  [-Zd  Session, 

Mr.  Iluffin  moved  to  suspend  the  rules  and  put  the  ordinance 
now  on  its  third  reading.  The  motion  prevailed,  and  it  was 
read  the  third  time. 

Mr.  Ruffin  moved  to  amend,  by  extending  the  authority  to 
the  Comptroller  of  Public  Accounts,  and  the  amendment  was 
agreed  to. 

As  thus  amended,  the  ordinance  passed  the  third  reading, 
and  was  ordered  to  be  enrolled. 

Mr.  Headen  moved  to  take  up  his  resolution  to  raise  a  com- 
mittee of  five  to  report  in  regard  to  the  property  of  alien  ene- 
mies. The  motion  prevailed,  and  the  resolution  was  read  and 
adopted. 

The  unfinished  business,  being  the  ordinance  to  define  and 
punish  sedition,  Avas  then  taken  up,  the  question  being  on  the 
motion  to  indefinitely  postpone. 

Mr.  Woodfin  moved  to  postpone  the  consideration  of  the  sub- 
ject for  half  an  hour,  and  it  was  agreed  to. 

Mr.  Gilmer  moved  to  take  up  the  ordinance  to  incorporate 
the  Piedmont  Railroad  Company.  The  motion  prevailed,  and 
the  ordinance  was  read  the  second  time,  and  passed  the  second 
reading. 

The  consideration  of  the  unfinished  business  was  resumed. 
After  some  time  spent  in  the  discussion  thereof, 
Mr.  Badger  moved  to  postpone  its  further  consideration  and 
make  it  the  special  order  for  to-morrow  at  11  o'clock,  and  it  was 
agreed  to. 

The  resolution  discountenancing  party  spirit  was  then  taken 
up  ;  the  question  being  on  a  motion  to  lay  on  the  table,  on  which 
the  yeas  and  nays  having  been  heretofore  ordered,  were  now 
recorded,  and  resulted  in  the  afiirmative,  yeas  47,  nays  43,  as 
follows : 

Yeas — Messrs.  Badger,  Batchelor,  Battle  of  Edgecombe, 
Bogle,  Brown,  Calloway,  Carson,  Cunningham,  Darden,  Dick- 
son, Dillard,  Edwards,  Fuller,  Hargrove,  Hicks,  Holmes, 
Johnston,  Jones  of  Currituck,  Jones  of  Rowan,  Kelly, 
Lyon,  McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of 
Cumberland,  Merritt,   Mitchell,  Moody,   Osborne,  Patterson, 


1861.]  STATE   CONVENTION.  65 

Penland,  Rayuer,  Rcid,  Rhodes,  Ruffin,  Scheiick,  Setzer,  Smith 
of  Halifax,  Strange,  Strong,  SuthcrLind,  Thompson,  Thornton, 
Turner,  Ward,  Williamson,  Woodfin  and  Wooten— 47. 

Nays — Messrs.  Arrington,  Barnes,  Battle  of  Wake,  Berry, 
Bond,  Bryson,  Cannon,  Christian,  Dick,  Douthitt,  Eller,  Ellison, 
Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell,  Graham, 
Hamlin,  Iloaden,  Holden,  Houston,  Joyce,  Leak  of  Richmond, 
Long,  Mann,  Manning,  Mebane,  Myers,  Phifer,  Sanders,  Sat- 
terthwaite,  Shipp,  Smith  of  Johnston,  Smith  of  Macon,  Speed, 
Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrrell,  Thomas  of  Car- 
teret, Warren,  Washington,  Whitford  and  Wilson — 43. 

Mr.  Sanders  moved  to  take  up  his  resolution  fixing  the  hours 
of  the  daily  sessions,  and  it  "was  agreed  to. 

Mr.  Battle,  of  Wake,  moved  to  substitute  "7"  for  "4"  P.  M., 
for  meeting  in  afternoon,  and  it  was  not  agreed  to. 

The  question  was  then  put  on  the  passage  of  the  resolution, 
on  which  the  yeas  and  nays  were  ordered,  on  motion  of  Mr. 
Sanders,  and  resulted  in  the  affirmative,  yeas  79,  nays  12,  as 
follows  : 

Yeas — Messrs.  Arrington,  Barnes,  Batchelor,  Battle  of  Wake, 
Berry,  Bond,  Brodnax,  Brown,  Bryson,  Calloway,  Cannon,  Car- 
son, Christian,  Cunningham,  Darden,  Dick,  Dickson,  Dillard, 
DoHthitt,  Eller,  Ellison,  Foster  of  Ashe,  Foster  of  Randolph, 
Fuller,  Gilmer,  Gorrell,  Graham,  Hamlin,  Hargrove,  Headen, 
Hearne,  Hicks,  Holden,  Holmes,  Houston,  Jones  of  Currituck, 
Jones  of  Rowan,  Joyce,  Leak  of  Anson,  Leak  of  Richmond, 
Long,  Lyon,  Mann,  Manning,  McDowell  of  Burke,  McDowell 
of  Madison,  Mcares,  Mebane,  Merritt,  Mitchell,  Moody,  Myers, 
Patterson,  Phifer,  Reid,  Rhodes,  Sanders,  Satterthwaite, 
Schenck,  Setzer,  Shipp,  Smith  of  Halifax,  Smith  of^Johnston, 
Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of 
Tyrrell,  Sutherland,  Thomas  of  Carteret,  Thompson,  Turner, 
Ward,  Warren,  Washington,  Whitford,  Williamson,  Wilson 
and  Woodfin — 79. 

Nays— Messrs.  Badger,  Battle  of  Edgecombe,  Bogle,  Ed- 
wards, McNeill  of  Cumberland,  Osborne,  Penland,  Ruffin, 
Strange,  Strong,  Thornton  and  Wooten — 12. 


66  JOURNAL   OF   THE  [2d  Session, 

The,  ordinance  to  suppress  oppressive  speculation  was  then 
taken  up,  the  pending  question  on  its  passage  upon  the  second 
reading,  on  -wliich  the  yeas  and  nays  were  ordered,  on  motion 
of  Mr.  Battle,  of  Wake.     Before  the  vote  was  recorded, 

Mr.  Green  offered  an  amendment  to  prevent  the  distillation 
of  corn  and  wheat  into  whisky,  and  it  was  not  agreed  to. 

Mr.  Badger  moved  to  re-consider  the  last  vote,  and  the  mo- 
tion prevailed. 

The  (Question  then  recurred  on  the  amendment,  on  which  the 
yeas  and  nays  were  ordered,  on  motion  of  Mr.  Green.  Before 
the  vote  was  recorded, 

The  President  announced,  as  the  select  committee  to  inquire 
concerning  the  property  of  alien  enemies:  Messrs.  Headen, 
Strong,  Thompson,  Bogle  and  Sutlierland. 

And  then,  on  motion  of  Mr.  Speed,  the  Convention  adjourned 
to  10  o'clock  to-morrow  mornins;. 


IN  CONVENTION,  Tuesday,  December  10,  1861. 

The  President  called  the  Conversion  to  order  pursuant  to 
adjournment.  Prayer  by  the  Rev.  Henry  Hardie,  of  the  Pres- 
byterian Church. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Foy  presented  a  petition  from  citizens  of  Jones  county, 
praying  a  repeal  of  the  Stay  Law,  and  for  the  constitutional 
organization  of  the  Supreme  Court,  and  moved  that  that  part  of 
the  petition  relating  to  the  Stay  Law  be  referred  to  the  com- 
mittee on  the  Stay  Law,  and  that  part  relating  to  the  Supreme 
Court  be  referred  to  the  committee  on  the  Judiciary  Depart- 
ment, and  it  was  so  or<^ered. 

Mr.  Thompson  presented  a  petition  from  citizens  of  Wilson 
county,  praying  tlie  repeal  of  the  Stay  Law,  which  Avas  read 
and  referred  to  the  committee  on  the  Stay  Law. 

By  Mr.  Douthitt,  a  petition  from  citizens  of  Davidson,  on 
the  same  subject,  which  was  referred  to  the  same  committee. 


1861.]  STATE   CONVENTION.  67-rv' 

Mr.  Manning,  from  the  committee  on  the  Coalfields  Railroad, 
reported  an  ordinance  to  amend  an  act  of  the  late  session  of 
the  General  Assembly,  to  complete  the  Western  North  Carolina 
Railroad,  which  passed  its  first  reading. 

Mr,  Osborne  introduced  an  ordinance  to  punish  treason, 
which  passed  the  first  reading.  * 

Mr.  Leak,  of  Richmond,  introduced  an  ordinance  on  the 
subject  of  distilleries,  which  passed  the  first  reading. 

By  Mr.  Shipp,  an  ordinance  in  regard  to  certain  courts  held 
by  Judge  French,  and  for  other  purposes,  read  and  passed  the 
first  reading. 

Mr.  Graham  presented  a  petition  from  citizens  of  the  county 
of  Orange,  against  a  repeal  of  the  Stay  Law,  and  against  fixing 
a  price  upon  the  products  of  the  farm,  which  was  read  and 
referred  to  the  committee  on  the  Stay  Law. 

Mr.  Schenck,  from  the  committee  on  the  Stay  Law,  made  a 
report  on  matters  referred  to  that  committee,  and  adversely  to 
a  repeal  of  the  act  of  the  General  Assembly  on  that  subject, 
and  the  report  was  ordered  to  be  printed. 

Mr.  Rayner,  from  the  Finance  Committee,  reported  an  ordi- 
nance for  continuing  the  Board  of  Claims,  which  passed  the 
first  reading. 

Mr.  Woodfiu  introduced  a  resolution  for  the  establishment  of 
a  Bank  of  the  State,  which  passed  the  first  reading  and  was 
ordered  to  be  printed. 

Mr.  Ellison,  from  the  committee  on  the  Bill  of  Rights,  made 
a  report  recommending  certain  amendments  to  the  Bill  of  Rights, 
which  was  ordered  to  be  printed. 

Mr.  Cannon  offered  a  resolution  limiting  debate  in  the  Con- 
vention, which  lies  ©ver  under  the  rule. 

Mr.  Woodfin  introduced  an  ordinance  to  modify  and  perfect 
an  ordinance  passed  at  the  present  session,  entitled  "An  Ordi- 
nance to  provide  for  the  immediate  wants  of  the  Treasury," 
which  passed  the  first  reading. 

By  Mr.  Kittrell,  a  resolution  calling  on  the  Governor  for  infor- 
mation in  regard  to  the  defenses  of  the  State,  which  lies  over 
under  the  rule. 


68  JOURNAL   OF  THE  [2d  Session, 

Mr.  Manning  introduced  an  ordinance  to  encourage  tho  min- 
ing and  manufacturing  of  Salt  in  the  interior  of  the  State, 
which  passed  its  first  reading. 

Mr.  Manning  moved  to  suspend  the  rules  and  put  the  ordi-e" 
nance  on  its  several  readings  to-day,  and  it  was  not  agreed  to. 

Mr.  Strong,  from  the  committee  on  Enrollments,  reported  the 
following  as  correctly  enrolled,  and  the  same  were  ratified  in 
open  Convention  by  the  signature  of  the  President  and  attes- 
tation of  the  Secretaries : 

A  resolution  in  favor  of  Dr.  Wm.  E.  Pool ; 

An  ordinance  to  authorize  the  Public  Treasurer  to  employ  an 
additional  clerk,  and  for  other  purposes ; 

Resolution  concerning  the  daily  sittings  of  the  Convention ; 

A  resolution  to  transmit  a  copy  of  the  Supreme  Court  Reports 
to  the  Department  of  Justice  of  the  Confederate  States. 

Mr.  Woodfin  moved  that  the  communication  of  Dr.  Emmons, 
on  the  manufacture  of  Salt  heretofore  transmitted  to  the  Con- 
vention by  His  Excellency,  the  Governor,  be  printed  for  the 
use  of  the  Convention,  and  it  was  agreed  to. 

The  special  order,  the  ordinance  to  define  and  punish  sedi- 
tion, was  taken  up,  the  question  being  on  Mr.  Graham's  motion 
to  indefinitely  postpone.     Before  any  action  thereon, 

The  President  announced  a  despatch  from  Dennis  D.  F^ere- 
bee,  Commissioner  to  Richmond,  which  was  read. 

Also,  a  communication  from  the  Adjutant  General  in  response 
to  a  resolution  of  the  Convention  asking  information  in  regard  to 
the  volunteers  from  this  State,  which  was  ordered  to  be  printed. 

The  hour  having  arrived,  the  Convention  took  a  recess  until 
4  o'clock,  P.  M. 


Afternoon  Session. 
The  consideration  of  the  ordinance  to  define  and  punish  sedi- 
tion, was  resumed.     The  yeas  and  nays  having  been  ordered  on 
Mr.  Graham's  motion  to  indefinitely  postpone,  were  now  recorded, 
yeas  79,  nays  22,  as  follows  : 


1861.]  STATE   CONVENTION.  6f) 

Yeas — Messrs.  Armfiekl,  Arrington,  Atkinson,  Badger,  Bag- 
ley,  Battle  of  Wake,  Berry,  Bogle,  Bond,  Brodnax,  Brown, 
Bryson,  Calloway,  Cannon,  Christian,  Dick,  Dickson,  Dillard, 
Douthitt,  Durham,  Ellcr,  Ellison,  Foster  of  Ashe,  Foster  of  Ran- 
dolph, Foy,  Fuller,  Gilmer,  Gorrcll,  Graham,  Green,  Hamlin, 
Hargrove,  Headen,  Ilearne,  Hicks,  Holden,  Houston,  Jones  of 
Caldwell,  Jones  of  Currituck,  Jones  of  Rowan,  Joyce,  Kelly, 
Kittrell,  Leak  of  Anson,  Leak  of  Richmond,  Long,  Lyon,  Mann, 
Manning,  McNeill  of  Harnett,  Meares,  Mebane,  Merritt,  Miller, 
Mitchell,  Myers,  Osborne,  Patterson,  Rhodes,  Royster,  RuflSn, 
Sanders,  Satterthwaite,  Schenck,  Setzer,  Shipp,  Smith  of  Hali- 
fax, Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Spruill 
of  Bertie,  Spruill  of  Tyrrell,  Thomas  of  Carteret,  Turner, 
Warren,  Whitford,  Williamson  and  Wilson — 79. 

Nays — Messrs.  Batchelor,  Cunningham,  Darden,  Edwards, 
Holmes,  Johnston,  McDowell  of  Burke,  McDowell  of  Madison, 
McNeill  of  Cumberland,  Moody,  Moseley,  Penland,  Rayner, 
Reid,  Strange,  Strong,  Thompson,  Thornton,  Ward,  Williams, 
AVoodfin  and  Wooten— 22. 

Then,  on  motion  of  Mr.  Badger,  the  Convention  adjourned  to 
10  o'clock  to-morrow  morning. 


IN  CONVENTION,  Wednesday,  December  11,  1861. 

The  President  called  the  Convention  to  order  pursuant  to 
adjournment.  Prayer  by  Rev.  Mr.  Broaddus,  of  the  Baptist 
Church. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Setzer,  from  the  committee  on  the  resolution  concerning 
the  distribution  of  the  Acts  of  the  General  Assembly,  reported 
that  the  committee  had  information  that  the  Acts  were  nearly 
ready  and  would  soon  be  distributed  according  to  law,  and  asked 
to  be  discharged  from  the  further  consideration  of  the  subject. 

The  report  was  received  and  the  committee  discharged. 

Mr.  Strong,  from  the  committee  on  enrollments,  reported  as 
correctly  enrolled,  *'  an  ordinance  to  provide  for  the  raising  of 


70  JOURNAL  OF  THE  [2d  Session, 

money  for  the  support  of  Government,  and  for  the  issuc]of  Treas- 
ury notes  for  the  purpose  of  paying  the  public  debt,  purchasing 
supplies  for  the  military  forces  employed  for  defense  in  the 
present  war,  and  for  other  purposes,"  and  the  same  was  ratified 
in  open  convention  by  the  signature  of  the  President,  and  attested 
by  the  Secretaries. 

Mr.  Rayncr  introduced  an  ordinance  to  define  and  punish 
treason,  which  passed  the  fii'st  reading. 

Mr.  Smith,  of  Halifax,  from  the  finance  committee,  made  a 
report  on  the  claims  reported  by  the  Board  of  Claims,  recom- 
mending that  the  same  be  allowed,  excepting  Nos.  83,  131,  135 
and  136,  and  asking  further  time  to  consider  claim  No.  90. 

Mr.  Smith  moved  to  suspend  the  rules  and  consider  the  report 
to-day,  but  afterAvards  withdrew  the  motion. 

Mr.  Rayner  moved  to  recommit  the  report,  with  certain  in- 
structions, and  it  was  agreed  to. 

Mr.  Thomas,  of  Jackson,  introduced  an  ordinance  to  amend  an 
act  of  the  late  General  Assembly  to  raise  a  force  for  the  defense 
of  the  State,  which  passed  the  first  reading  and  was  referred 
to  the  committee  on  Military  Affairs. 

Mr.  Satterthwaite  moved  to  take  up  and  consider  the  ordi- 
nance to  continue  the  Board  of  Clainffe,  and  enlarge  the  powers 
thereof,  and  it  was  agreed  to. 

The  ordinance  was  read  the  second  time,  and  on  motion  of 
Mr.  Satterthwaite,  some  verbal  alterations  made  therein. 

Mr.  Rayner  moved  to  strike  out  the  whole  ordinance  and  sub- 
stitute therefor  the  ordinance  introduced  by  him  yesterday  on 
the  same  subject. 

Mr.  Brown  moved  to  amend  the  original  ordinance  by  striking 
out  of  section  6,  the  words  "$2500,"  and  inserting  "$2000." 

Pending  the  discussion  of  this  amendment, 

Mr.  Rayner  withdrew  his  substitute,  and  it  was  renewed  by 
Mr.  Barnes. 

Mr.  Gilmer  moved  to  take  up  the  special  order,  the  hour 
having  arrived  therefor. 

Mr.  Satterthwaite  moved  to  postpone  the  special  order,  and 
it  was  agreed  to. 


1861.]  STiA-TE  CONVENTION.  71 

The  consideration  of  the  amendment  of  Mr.  Brown  was  then 
resumed,  and  the  amendment  adopted. 

The  question  was  then,  on  the  substitute  offered  by  Mr.  Barnes, 
on  which  the  yeas  and  nays  were  ordered,  on  motion  of  Mr. 
Moody,  and  the  substitute  was  rejected,  yeas  41,  nays  63,  as 
follows : 

Yeas — Messrs.  Barnes,  Batchelor,  Battle  of  Edgecombe, 
Bogle,  Cunningham,  Darden,  Dillard,  Durham,  Edwards,  Foy, 
Gorrell,  Green,  Hargrove,  Hicks,  Holmes,  Jones  of  Currituck, 
Kelly,  Lyon,  McDowell  of  Burke,  McDowell  of  Madison, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Merritt,  Miller, 
Moody,  Moseley,  Osborne,  Patterson,  Reid,  Rhodes,  Royster, 
Ruffin,  Schenck,  Setzer,  Thomas  of  Jackson,  Thompson,  Turner, 
Ward,  "Williams,  Woodfin  and  Wooten — 41. 

Nays-— Messrs.  Allison,  Armfield,  Arrington,  Atkinson, 
Badger,  Battle  of  Wake,  Berry,  Bond,  Brodnax,  Brown,  Bryson, 
Calloway,  Cannon,  Carson,  Christian,  Dick,  Dickson,  Douthitt, 
EUer,  Ellison,  Foster  of  Ashe,  Foster  of  Randolph,  Fuller,  Gil- 
mer, Graham,  Hamlin,  Hearne,  Holden,  Houston,  Johnston, 
Jones  of  Caldwell,  Jones  of  Rowan,  Joyce,  Kittrell,  Leak  of 
Anson,  Leak  of  Richmond,  Long,  Mann,  INIanning,  Meares, 
Mebane,  Mitchell,  Myers,  Penland,  Phifer,  Rayner,  Sanders, 
Satterthwaite,  Shipp,  Smith  of  Halifax,  Smith  of  Johnston, 
Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of 
Tyrrell,  Strange,  Strong,  Thomas  of  Carteret,  Thornton,  Warren, 
Williamson  and  Wilson — 63. 

•  Mr.  Rayner  moved  to  ameiid  the  ordinance  by  adding  to  the 
first  section  the  words,  "silfbject,  however,  to  any  provisions 
hereafter  made  by  this  'Convention  previous  to  the  time  men- 
tioned," and  it  was  agreed  to. 

Mr.  Ellison  moved  to  amend  the  second  section  by  adding, 
after  the  word  "Treasury,"  the  words,  "upon  the  draft  of  the 
Governor,"  and  it  was  not  agreed  to. 

Mr.  Lyon  moved  to  strike  out  the  annual  salary  of  the  Com- 
missioners, and  insert  a  provision  to  pay  them  six  dollars  per  day 
while  actually  engaged  in  the  duties  of  their  office,  and  it  was 
not  agreed  to. 

34 


72  JOURNAL  OF  THE  [2d  Session, 

The  question  was  then  on  the  passage  of  the  ordinance  on 
the  second  reading,  on  which  the  yeas  and  nays  were  ordered, 
on  motion  of  Mr.  Satterthwaite,  and  resulted  in  the  affirmative, 
yeas  96,  nays  8,  as  follows : 

Yeas — Messrs.  Allison,  Armfield,  Arrington,  Atkinson,  Bad- 
ger, Bagley,  Barnes,  Batchelor,  Battle  of  Edgecombe,  Battle  of 
Wake,  Berry,  Bogle,  Bond,  Brodnax,  Brown,  Bryson,  Calloway, 
Cannon,  Carson,  Christian,  Cunningham,  Darden,  Dick,  Dickson, 
Dillard,  Douthitt,  Durham,  Edwards,  Eller,  Ellison,  Foster  of 
Ashe,  Foster  of  Randolph,  Foy,  Fuller,  Gilmer,  Gorrell,  Graham, 
Green,  Hamlin,  Hargrove,  Headen,  Hearne,  Hicks,  Holden, 
Holmes,  Houston,  Howard,  Johnston,  Jones  of  Caldwell,  Jones 
of  Currituck,  Jones  of  Rowan,  Joyce,  Kelly,  Kittrell,  Leak  of 
Anson,  Leak  of  Richmond,  Long,  Lyon,  Mann,  Planning, 
McDowell  of  Madison,  McNeill  of;  Harnett,  ]\Ieares,  Mebane, 
Merritt,  Miller,  Mitchell,  Myers,  Osborne,  Patterson,  Penland, 
Phifer,  Rayner,  Rhodes,  Royster,  Ruffin,  Sanders,  Satterthwaite, 
Schenck,  Setzer,  Shipp,  Smith  of  Halifax,  Smith  of  Johnston, 
Smith  of  Macon,  Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of 
Tyrrell,  Strange,  Strong,  Thomas  of  Carteret,  Thornton,  Turner, 
Ward,  Warren,  AVilliamson,  Wilson  and  Wooten — 96. 

Nays — Messrs.  McDowell  of  Burke,  McNeill  of  Cumberland, 
Moody,  Moseley,  Reid,  Thompson,  Williams  and  Woodfin — 8. 

Mr.  Badger  moved  to  suspend  the  rules  and  give  the  ordinance 
its  third  reading  to-day,  and  it  was  agreed  to. 

It  was  then  read  the  third  time,  passed,  and  ordered  to  be 
enrolled.  ^ 

The  hour  having  arrived,  the  ^Convention  took  a  recess  until 
4  o'clock. 


Afternoon  Session. 
Mr.   Green   moved  to  postpone  the  special  order,  to  take  up 
and  consider  his  ordinance  to  elect  a  Governor  to  fill  the  vacancy 
occasioned  by  the  death  of  Hon.  John  W.  Ellis,  and  it  was  not 
agreed  to. 


1861.]  STATE   CONVENTION.  73 

Mr.  Smith,  of  Halifax,  from  the  committee  of  finance,  reported 
an  ordinance  in  favor  of  Claims  allowed  by  the  Board  of  Claims, 
which  passed  the  first  reading. 

Mr.  Strange  moved  to  amend  by  adding  the  claims  of  certain 
Railroad  Companies,  but  afterward  withdrew  it. 

Mr.  Smith,  of  Halifax,  then  moved  to  suspend  the  rules  and 
put  the  ordinance  on  its  second  and  third  readings  to-day. 

The  motion  prevailed,  and  the  ordinance  passed  the  second 
and  third  readings,  and  was  ordered  to  be  enrolled. 

The  ordinance  to  prevent  speculation,  being  the  special  order, 
was  then  taken  up,  the  question  being  on  the  amendment  of  Mr. 
Green,  to  prevent  the  distillation  of  corn  and  wheat. 

Mr.  Battle,  of  AVake,  offered  an  amendment  to  the  amend* 
ment,  by  adding,  after  the  words  "spirituous  liquors,"  the 
words,  "  with  the  intent  to  sell  at  unreasonable  prices." 

Mr.  Gorrell  moved  to  postpone  the  whole  subject  indefinitely, 
on  which  the  yeas  and  nays  were  ordered,  on  his  motion,  and 
resulted  in  the  negative,  yeas  34,  nays  68,  as  follows : 

Yeas — Messrs.  Allison,  Brodnax,  Brown,  Bryson,  Calloway, 
Cannon,  Dick,  Ferebee,  Foster  of  Randolph,  Gorrell,  Graham, 
Hearne,  Houston,  Johnston,  Jones  of  Caldwell,  Jones  of  Curri- 
tuck, Jones  of  Rowan,  Long,  Mann,  Manning,  McDowell  of 
Burke,  Mebane,  Merritt,  Myers,  Patterson,  Penland,  Phifer, 
Reid,  Satterthwaite,  Setzer,  Speed,  Sprouse,  Spruill  of  Bertie, 
Thomas  of  Carteret,  and  Williamson — 34. 

Nays — Messrs.  Armfield,  Arrington,  Atkinson,  Badger,  Bag- 
ley,  Barnes,  Batchelor,  Battle  of  Edgecombe,  Battle  of  Wake, 
Berry,  Biggs,  Bond,  Carson,  Christian,  Cunningham,  Darden, 
Dickson,  Dillard,  Douthitt,  Durham,  Edwards,  Eller,  Ellison, 
Foster  of  Ashe,  Foy,  Fuller,  Gilmer,  Green,  Hamlin,  Hargrove, 
Headen,  Hicks,  Holdcn,  Holmes,  Joyce,  Kelly,  Kittrell,  Leak 
of  Anson,  Leak  of  Richmond,  Lyon,  McDowell  of  Madison, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Miller,  Moody, 
Moseley,  Osborne,  Rayner,  Rhodes,  Royster,  Ruffin,  Sanders, 
Schenck,  Shipp,  Smith  of  Johnston,  Smith  of  Macon,  Strange, 
Strong,  Thomas  of  Jackson,  Thompson,  Thornton,  Turner,  Ward, 
Warren,  Whitford,  Williams,  Wilson,  Woodfin  and  Wootcn— 68. 


74  JOURNAL  OF  THE  [2d  SES6io:tf, 

The  question  on  the  amendment  to  the  amendment  was  then 
put  and  decided  in  the  negative. 

Mr.  Cannon  then  oftered  an  amendment  to  the  amendment, 
making  exception  to  its  operation  in  certain  cases,  and  it  was 
adopted,  ayes  48,  noes  45,  by  count. 

Mr.  Thompson  moved  to  lay  the  ordinance  and  amendment 
on  the  table,  and  it  was  not  agreed  to. 

Mr.  Merritt  moved  to  reconsider  the  vote  by  which  the 
amendment  of  Mr.  Cannon  to  the  amendment  of  Mr.  Green 
was  adopted,  and  the  motion  prevailed. 

Mr.  Strange  moved  an  adjournment,  and  it  was  not  agreed  to. 

Mr.  Cannon  then  withdrew  his  amendment. 

The  question  then  recurred  on  Mr.  Green's  amendment,  on 
which  the  yeas  and  nays  were  ordered,  on  motion  of  Mr.  Green, 
and  resulted  in  the  negative,  yeas  25,  nays  77,  as  follows : 

Yeas — Messrs.  Atkinson,  Badger,  Biggs,  Ellison,  Fuller, 
Green,  Hicks,  Holmes,  Kelly,  Kittrell,  Leak  of  Anson,  Leak 
of  Richmond,  McNeill  of  Cumberland,  Miller,  Moody,  Smith 
of  Macon,  Strong,  Thompson,  Turner,  Ward,  Warren,  Whit- 
ford,  Williams,  Woodfin  and  Wooten — 25. 

Nays — Messrs.  Allison,  Armfield,  Arrington,  Barnes,  Batch- 
elor,  Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Bond, 
Brown,  Bryson,  Calloway,  Cannon,  Carson,  Christia,n,  Cun- 
ningham, Darden,  Dick,  Dickson,  Dillard,  Douthitt,  Durham, 
Edwards,  Eller,  Ferebee,  Foster  of  Ashe,  Foster  of  Randolph, 
Foy,  Gilmer,  Gorrell,  Graham,  Hamlin,  Hargrove,  Headen, 
Hearne,  Holden,  Houston,  Johnston,  Jones  of  Caldwell,  Jones 
of  Currituck,  Jones  of  Rowan,  Joyce,  Long,  Mann,  Manning, 
McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of  Har- 
nett, Mebane,  Merritt,  Moseley,  Myers,  Osborne,  Patterson, 
Penland,  Phifer,  Rayner,  Reid,  Rhodes,  Royster,  RuflRin,  San- 
ders, Satterthwaite,  Schenck,  Setzer,  Shipp,  Smith  of  Johnston, 
Speed,  Sprouse,  Spruill  of  Bertie,  Spruill  of  Tyrrell,  Strange, 
Thomas  of  Carteret,  Thomas  of  Jackson,  Thornton,  Williamson 
and  Wilson— 77. 

Mr.  Headen  oftered  a  substitute  for  the  ordinance,  and  the 
(question  thereon  being  put,  it  was  decided  in  the  negative. 


1861.]  STATE   CONVENTION.  75 

Mr.  Williamson  moved  an  aJjoui'nmerit,  and  it  was  not 
agreed  to.        , 

Mr.  Fuller  offered  an  amendment  limiting  the  price  of  corn 
and  wheat  purchased  for  distillation,  to  seventy  cents  per  Dushel, 
and  the  amendment  was  not  agreed  to. 

The  question  was  then  on  the  passage  of  the  ordinance  on  its 
second  reading,  on  which  the  yeas  and  nays  having  been  pre- 
viously ordered,  were  now^  recorded,  and  resulted  in  the  aflSrm- 
ativc,  yeas  60,  nays  89,  as  follows  : 

Yeas — Messrs.  Armfield,  Arrington,  Atkinson,  Badger, 
Barnes,  Batchelor,  Battle  of  Edgecombe,  Battle  of  Wake,  Berry, 
Biggs,  Bond,  Carson,  Christian,  Cunningham,  Darden,  Dick, 
Dickson,  Dillard,  Douthitt,  Durham,  Edwards,  Ellison,  Foster 
of  Ashe,  Foy,  Gilmer,  Green,  Hamlin,  Hargrove,  Holdcn, 
Holmes,  Houston,  Joyce,  Kelly,  Kittrell,  Leak  of  Anson,  Leak 
of  Richmond,  Lyon,  McNeill  of  Cumljcrland,  McNeill  of  Har- 
nett, Moody,  Moseley,  Osborne,  llayner,  Koyster,  Ruffin, 
Sanders,  Schenck,  Shipp,  Smith  of  Johnston,  Smith  of  Macon, 
Sprousc,  Strange,  Strong,  Thornton,  Turner,  Ward,  Warren, 
Whitford,  Williams,  Wilson,  Woodfin  and  Wooten — 60. 

Nays — Messrs.  Allison,  Broduax,  Brown,  Bryson,  Calloway, 
Cannon,  Eller,  Ferebee,  Foster  of  Randolph,  Fuller,  Gorrell, 
Graham,  Headen,  Hearne,  Hicks,  Jones  of  Caldwell,  Jones  of 
Currituck,  Jones  of  Rowan,  Long,  Mann,  Manning,  McDowell 
of  Burke,  McDowell  of  Madison,  Mebane,  Merritt,  Miller,  Pat- 
terson, Penland,  Phifer,  Reid,  SatterthAvaitc,  Setzer,  Speed, 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Thomas  of  Carteret, 
Thomas  of  Jackson,  Thompson  and  Williamson — 39. 

Mr.  Badger  moved  to  suspend  the  rules  and  put  the  ordinance 
on  the  third  reading  to-day,  and  the  motion  prevailed. 

The  ordinance  then  passed  the  third  reading,  ayes  56,  noes 
34,  and  was  ordered  to  be  enrolled. 

Mr.  Badger  moved  to  reconsider  the  vote  by  which  the  ordi- 
nance passed  the  third  reading,  and  it  was  not  agreed  to. 

Then,  on  motion  of  Mr.  Badger,  the  Convention  adjourned 
to  10  o'clock  to-morrow  morninfj;. 


76  JOURNAL  OF  THE  [2d  Session, 


IN  CONVENTION,  Thursday,  December  12,  1861. 

The  President  called  the  Convention  to  order  pursuant  to 
adjournment. 

The  journal  of  yesterday  was  read  and  amended. 

Mr.  Carson,  delegate  from  the  county  of  Rutherford,  offered 
his  resignation. 

On  motion  of  Mr.  Schenck,  the  resignation  was  accepted, 
and  a  writ  of  election  ordered  for  the  28th  of  the  present 
month  to  fill  the  vacancy. 

Messrs.  Allison  and  Ferebee  asked  leave  to  have  it  stated  on 
the  journal  that  had  they  been  present  they  would  have  voted 
in  the  aflSrmative  on  the  indefinite  postponement  of  the  ordi- 
nance to  define  and  punish  treason,  which  was  granted,  and 

Mr.  Biggs,  in  the  negative  on  the  same  question,  which  was 
also  granted. 

Mr.  Osborne,  from  the  committee  on  Military  Affairs,  to 
whom  was  referred  a  resolution  concerning  militia  drill, 
reported  an  ordinance  to  regulate  the  drilling  of  the  militia  to 
once  in  each  month,  exclusive  of  regimental  drill. 

Mr.  Brown  moved  to  suspend  the  rules  and  put  the  ordinance 
on  its  several  readings  to-day. 

The  motion  prevailed,  and  the  ordinance  was  read  the  second 
time. 

Mr.  Sanders  moved  to  amend  by  adding  the  words,  "  except 
by  order  of  the  Captain  or  commandant  of  the  company." 

Mr.  Batchelor  moved  to  lay  the  subject  on  the  table,  on 
which  the  yeas  and  nays  were  ordered,  on  motion  of  Mr.  Brown, 
and  resulted  in  the  negative,  yeas  19,  nays  74,  as  follows : 

Yeas — Messrs.  Batchelor,  Battle  of  Edgecombe,  Biggs,  Dar- 
den,  Fuller,  Holmes,  Kelly,  McNeill  of  Cumberland,  Meares, 
Myers,  Osborne,  Penland,  Schenck,  Smith  of  Halifax,  Strange, 
Strong,  Thompson,  Thornton,  "VYoodfin  and  Wooten — 19. 

Nays— Messrs.  Allison,  Armfield,  Barnes,  Battle  of  Wake, 
Berry,  Bogle,  Bond,  Brodnax,  Brown,  Bryson,  Calloway,  Can- 
non, Carson,  Christian,  Cunningham,  Dick,  Dickson,  Dillard, 
Douthitt,  Edwards,  Eller,  Ellison,  Foster  of  Ashe,  Foster  of 
Randolph,  Foy,  Gilmer,  Gorrell,  Graham,  Green,  Hamlin,  Har- 


1861.]  STATE  CONVENTION.  77 

grove,  Headen,  Hearne,  Holden,  Houston,  Howard,  Johnston, 
Jones  of  Caldwell,  Jones  of  Currituck,  Jones  of  Rowan,  Joyce, 
Kittrell,  Leak  of  Anson,  Leak  of  Richmond,  Long,  Lyon, 
Mann,  McDowell  of  Burke,  McDowell  of  Madison,  McNeill 
of  Harnett,  Mebane,  Mitchell,  Moody,  Moseley,  Patterson, 
Phifer,  Rayner,  Reid,  Rhodes,  Royster,  Ruffin,  Sanders,  Satter- 
thwaite,  Setzcr,  Smith  of  Johnston,  Smith  of  Macon,  Speed, 
Sprouse,  Thomas  of  Carteret,  Warren,  Williams,  Williamson 
and  Wilson — 74. 

The  question  recurred  on  Mr.  Sanders'  amendment,  and  it 
was  not  agreed  to. 

The  ordinance  then  passed  the  second  and  third  readings, 
and  was  ordered  to  be  enrolled. 

Mr.  Gilmer  introduced  a  resolution  asking  of  the  Governor 
information  on  the  subject  of  the  Cape  Fear  and  Deep  River 
Improvement,  which  was  adopted  under  a  suspension  of  the  rules. 

Mr.  Osborne,  from  the  Military  Committee,  reported  a  resolu- 
tion to  pay  bounty  money  to  the  soldiers  of  Capt.  Stevenson's 
artillery  company,  and  moved  to  suspend  the  rules  and  put  the 
resolution  on  its  several  readings. 

The  motion  prevailed,  and  the  resolution  was  read  the  second 
time. 

Mr.  Biggs  offered  an  amendment  making  the  provisions  of  the 
resolution  general  in  their  application. 

Mr.  Speed  moved  to  re-commit  the  resolution  with  instructions. 

Pending  the  consideration  of  which,  the  President  announced 
that  the  hour  had  arrived  for  the  consideration  of  the  special 
order. 

Mr.  Badger  moved  to  suspend  the  special  order  until  the  busi- 
ness before  the  Convention  shall  be  disposed  of,  and  the  motion 
did  not  prevail. 

Mr.  Headen,  by  consent,  introduced  an  ordinance  to  authorize 
a  battalion  of  six  companies  of  volunteers  for  twelve  months, 
which  passed  the  first  reading. 

Mr.  Holden  moved  to  suspend  the  rules  and  give  the  ordi- 
nance its  several  readings  to-day.  The  motion  prevailed,  and 
the  ordinance  was  read  the  second  time. 


78  JOURNAL  OF  THE  [2d  Session, 

Mr.  Badger  moved  to  strike  out  the  last  section,  which  pro- 
vides for  the  time  the  ordinance  shall  take  effect,  and  it  was 
agreed  to. 

Mr.  Ruffin  offered  an  amendment  providing  for  the  transfer 
of  the  battalion  to  the  Confederate  service,  which  was  adopted. 

Mr.  Meares  offered  an  amendment  authorizing  the  increase 
of  the  battalion  to  a  regiment,  and  providing  for  the  election 
of  the  proper  officers  thereof,  and  it  was  agreed  to. 

The  ordinance  then  passed  the  second  and  third  readings, 
and  Avas  ordered  to  be  enrolled. 

Mr.  Ferebee,  Commissioner  to  Richmond  to  consult  with  the 
Confederate  authorities  relative  to  the  payment  of  the  Con- 
federate taxes,  made,  verbally,  a  partial  report  of  the  result  of 
his  mission*^ 

Mr.^  Stroftg,  from  the  select  committee  on  a  resolution  con- 
cerning the  lands  in  Haywood  county  belonging  to  alien  ene- 
mies, reported  back  the  resolution  and  asked  that  it  be  referred 
to  the  committee  having  general  charge  of  the  subject,  and  it 
was  agreed  to. 

The  President  announced  a  communication  from  J.  Devereux, 
A.  A.  G.,  which  was  read,  and  on  motion  of  Mr.  Badger,  laid 
upon  the  table. 

The  special  order,  being  the  ordinance  to  incorporate  the 
Piedmont  Railroad  Company,  was  then  taken  up,  the  question 
being  on  its  passage  on  the  second  reading. 

Mr.  Brown  proposed  to  amend  the  first  section,  by  adding, 
after  the  word  "Railroad,"  in  the  10th  line,  the  words,  "at 
the  Company's  Shops,  in  the  county  of  Alamance." 

Mr.  Strange  moved  to  postpone  the  further  consideration  of 
the  subject  until  the  22nd  day  of  January,  1862,  and  make  it 
the  special  order  for  12  o'clock  on  that  day,  on  which  the  yeas 
and  nays  were  ordered,  on  motion  of  Mr.  Gorrell. 

Then,  the  hour  having  arrived,  the  Convention  took  a  recess 
till  4  o'clock. 


1861.]  STATE   CONVENTION.  70 


Afternoon  Session. 

Mr.  Strange  introduced  a  resolution  to  postpone  the  publica- 
tion of  certain  old  Colonial  Records,  ordered  by  the  late  Gene- 
ral Assembly,  and  the  resolution  Avas  adopted  under  a  suspen- 
sion of  the  rules. 

Mr.  Battle,  of  Wake,  from  the  committee  on  Enrollments, 
reported  as  correctly  enrolled,  the  follo\v^ng,  which  were  duly 
ratified : 

An  ordinance  directing  the  payment  of  certain  claims  awarded 
by  the  Board  of  Claims  ; 

An  ordinance  to  regulate  militia  drills ; 

An  ordinance  to  suppress  wpressivc  speculation  upon  the 
necessities  of  the  people ;  '^J^^ 

An  ordinance  for  continuing  the  board  created  by  an  ordi- 
nance of  the  Convention,  passed  the  8th  day  of  June,  1861, 
entitled  "An  ordinance  to  provide  for  the  appointment  of  a 
Board  of  Claims,"  and  for  enlarging  the  powers  and  duties  of 
said  board ; 

An  ordinance  to  authorize  the  raising  of  a  battalion  of  six 
companies,  or  a  regiment  of  troops  for  twelve  months. 

Mr.  Ruffin  oifered  a  resolution  providing  for  the  publication 
of  the  laws  of  the  present  session  of  the  Convention  in  three 
newspapers  in  Raleigh,  and  the  resolution  was  adopted  under  a 
suspension  of  the  rules. 

The  consideration  of  the  ordinance  to  charter  the  Piedmont 
Railroad  Company  was  then  resumed,  the  question  being  on 
the  motion  to  postpone  to  the  22nd  of  January  next,  on  which 
the  yeas  and  nays  were  now  recorded,  and  resulted  in  the  nega- 
tive, yeas  42,  nays  48,  as  follows : 

Yeas — Messrs.  Arrington,  Atkinson,  Barnes,  Batchelor, 
Battle  of  Edgecombe,  Battle  of  Wake,  Biggs,  Darden,  Dick- 
son, Dillard,  Edwards,  Foy,  Graham,  Green,  Hargrove,  Holmes, 
Howard,  Jones  of  Currituck,  Leak  of  Anson,  Lyon,  Mann, 
McNeill  of  Cumberland,  Mebane,  Merritt,  Moody,  Moseley, 
llayner,  Royster,  Sanders,  Satterthwaite,  Smith  of  Halifax, 
35 


80  JOURNAL  OF  THE  [2d  Session, 

Speed,  Spruill  of  Bertie,  Strange,  Strong,  Thomas  of  Carteret, 
Thompson,  Thornton,  Warren,  Williams  and  Wooten — 42. 

Nays — Messrs.  Allison,  Armfield,  Badger,  Bogle,  Brodnax, 
Brown,  Brysou,  Caldwell  of  Rowan,  Calloway,  Cannon,  Chris- 
tian, Cunningham,  Dick,  Douthitt,  Durham,  Eller,  Foster  of 
Randolph,  Gilmer,  Gorrell,  Hamlin,  Hearne,  Johnston,  Jones 
of  Caldwell,  Jones  of  Rowan,  Joyce,  Kittrell,  Leak  of  Rich- 
mond, Long,  Manning,  McNeill  of  Harnett,  Miller,  Mitchell, 
Myers,  Osborne,  Patterson,  Phifer,  Reid,  Ruffin,  Schenck, 
Setzer,  Shipp,  Smith  of  Johnston,  Smith  of  Macon,  Sprouse, 
Thomas  of  Jackson,  Turner,  Williamson  and  Wilson — 48. 

Mr.  Rhodes  paired  off. 

Mr.  Speed  moved  to  adjourn,  on  which  the  yeas  and  nays 
were  ordered,  on  motion  of  Mr.  Gilmer,  and  resulted  in  the 
negative,  yeas  21,  nays  67,  as  follows : 

Yeas — Messrs.  Batchelor,  Battle  of  Edgecombe.  Dickson, 
Edwards,  Foy,  Green,  Holmes,  Howard,  Mebane,  Merritt, 
Moody,  Rhodes,  Satterthwaite,  Smith  of  Halifax,  Speed, 
Strange,  Strong,  Thomas  of  Carteret,  Thompson,  Thornton  and 
Williams— 21. 

Nays — Messrs.  Allison,  Armfield,  Arrington,  Atkinson,  Bad- 
ger, Barnes,  Battle  of  Wake,  Berry,  Biggs,  Bogle,  Bond,  Brod- 
nax, Brown,  Bryson,  Caldwell  of  Rowan,  Calloway,  Cannon, 
Christian,  Cunningham,  Darden,  Dick,  Dillard,  Douthitt,  Dur- 
ham, Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gor- 
rell, Graham,  Hamlin,  Hargrove,  Hearne,  Johnston,  Jones  of 
Caldwell,  Jones  of  Currituck,  Jones  of  Rowan,  Joyce,  Kittrell, 
Leak  of  Anson,  Leak  of  Richmond,  Long,  Lyon,  Mann,  Man- 
ning, McNeill  of  Cumberland,  McNeill  of  Harnett,  Miller, 
Mitchell,  Moscley,  Myers,  Osborne.  Reid,  Royster,  Ruffin,  San- 
ders, Schenck,  Setzer,  Shipp,  Smith  of  Johnston,  Smith  of 
Macon,  Sprouse,  Spruill  of  Bertie,  Turner,  Warren,  William- 
son and  Wilson — 67. 

Mr.  Rayner  moved  to  postpone  the  further  consideration  of 
the  subject  until  the  23rd  day  of  January  next.  Pending  the 
consideration  of  which, 


1861.]  STATE   CONVENTION.  81 

Mr.  Howard  moved  to  postpone  the  further  consideration  of 
the  subject  at  present,  for  the  purpose  of  receiving  the  report 
of  D.  D.  Ferebee,  Esq.,  Commissioner  to  Richmond,  on  which 
the  yeas  and  nays  were  ordered,  on  his  motion,  and  resulted  in 
the  affirmative,  yeas  Q5,  nays  18,  as  follows : 

Yeas— Messrs.  Allison,  Arrington,  Atkinson,  Barnes,  Batch- 
clor.  Battle  of  Edgecombe,  Battle  of  Wake,  Biggs,  Bond, 
Brodnax,  Brown,  Bryson,  Cannon,  Cunningham,  Darden,  Dick, 
Dickson,  Dillard,  Durham,  Edwards,  Eller,  Ellison,  Foster  of 
Ashe,  Gorrell,  Graham,  Green,  Hargrove,  Holmes,  Howard, 
Johnston,  Jones  of  Caldwell,  Jones  of  Currituck,  Leak  of  An- 
son, Leak  of  Richmond,  Long,  Lyon,  Mann,  Manning,  McNeill 
of  Cumberland,  Mcbane,  Merritt,  Miller,  Moody,  Moseley,  Os- 
borne, Patterson,  Rayner,  Rhodes,  Royster,  Ruffin,  Sanders, 
Satterthwaite,  Schenck,  Setzer,  Shipp,  Speed,  Sprouse,  Spruill 
of  Bertie,  Strange,  Strong,  Thomas  of  Carteret,  Thompson, 
Thornton,  Warren,  Williams  and  Wooten— 65. 

Nays— Messrs.  Armfield,  Badger,  Bogle,  Caldwell  of  Rowan, 
Calloway,  Christian,  Douthitt,  Foster  of  Randolph,  Gilmer, 
Hamlin,  Jones  of  Rowan,  Joyce,  Kittrell,  Myers,  Reid,  Smith 
of  Johnston,  Thomas  of  Jackson,  and  Wilson — 18. 

The  report,  'consisting  of  a  letter  of  inquiry  by  Mr.  Ferebee 
to  Hon.  C.  J.  Memminger,  Secretary  of  the  Treasury,  and  his 
answer  thereto,  were  read,  and,  on  motion  of  Mr.  Biggs,  was 
laid  upon  the  tabic  and  ordered  to  be  printed. 

The  consideration  of  the  Piedmont  Railroad  ordinance  was 
resumed,  and  after  discussion  thereof, 

Mr.  Sanders  moved  an  adjournment,  on  which  the  yeas  and 
nays  were  ordered,  on  motion  of  Mr.  Gilmer,  and  resulted  in 
the  affirmative,  yeas  41,  nays  37,  as  follows: 

Yeas— Messrs.  Allison,  Arrington,  Atkinson,  Batchelor, 
Battle  of  Edgecombe,  Biggs,  Cannon,  Darden,  Dillard,  Ed- 
wards, Ellison,  Ferebee,  Graham,  Green,  Holmes,  Jones  of 
Currituck,  Leak  of  Anson,  Leak  of  Richmond,  Lyon,  Mann, 
Manning,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Me- 
bane,  Moseley,  Myers,  Rayner,  Rhodes,  Royster,  Sanders, 
Setzer,  Speed,  Sprouse,  Strange,  Strong,  Thomas  of  Carteret, 
Thompson,  Thornton,  Williams  and  Wooten— 41. 


82  JOURNAL   OF  THE  [2d  Session, 

Nays — Messrs.  Armficld,  Bogle,  Brodnax,  Bro\Yn,  Bryson, 
Caldwell,  Calloway,  Christian,  Cunningham,  Dick,  Douthitt, 
Durham,  Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer, 
Gorrell,  Hamlin,  Hargrove,  Johnston,  Jones  of  Caldwell,  Jones 
of  Rowan,  Joyce,  Mcrritt,  Miller,  Osborne,  Patterson,  Phifer, 
Reid,  Schenck,  Shipp,  Smith  of  Macon,  Thomas  of  Jackson, 
Turner,  Warren,  Williamson,  Wilson  and  Woodfin — 37. 

Upon  the  announcement  of  the  vote  the  Convention  adjourned 
to  10  o'clock  to-morrow  morning. 


IN  CONVENTION,  Friday,  December  13,  1861. 

The  President  called  the  Convention  to  order  pursuant  to 
adjournment. 

The  journal  of  yesterday  was  read  and  approved. 

The  President  announced  a  communication  from  J.  G-  Mar- 
tin, Adjutant  General  of  the  State,  Avhich  was  read. 

Mr.  Satterthwaite  moved  that  the  communication  be  returned 
to  the  writer. 

After  some  discussion  of  the  subject, 

Mr.  RuflSn  moved  to  lay  the  communication  on  the  table,  on 
which  the  yeas  and  nays  were  ordered,  on  motion  of  Mr. 
Myers,  and  resulted  in  the  affirmative,  yeas  58,  nays  14,  as 
follows : 

Yeas — Messrs.  Allison,  Armfield,  Arrington,  Atkinson,  Bad- 
ger, Barnes,  Batchelor,  Battle  of  Edgecombe,  Battle  of  Wake, 
Berry,  Biggs,  Bond,  Brodnax,  Brown,  Caldwell,  Calloway, 
Cannon,  Darden,  Dick,  Dickson,  Douthitt,  Durham,  Edwards, 
Graham,  Hamlin,  Hargrove,  Ilolden,  Holmes,  Johnston,  Jones 
of  Rowan,  Joyce,  Leak  of  Anson,  Long,  Lyon,  Manning, 
Meares,  Mebane,  Mitchell,  Myers,  Osborne,  Patterson,  Phifer, 
Rayner,  Reid,  Rhodes,  Royster,  Ruffin,  Sanders,  Smith  of  Hali- 
fax, Smith  of  Macon,  Sprousc,  Strange,  Strong,  Thomas  of 
Carteret,  Thompson,  Thornton,  Turner,  AVilliams  and  Wil- 
son—58, 


1861.]  STATE   COm^ENTION.  83 

Nay?! — Messrs.  Dillard,  Gilmer,  Gorrell,  Kittrcll,  Mosclcy, 
Sattcrthwaite,  Schenck,  Sctzer,  Smith  of  Johnston,  Speed, 
Thomas  of  Jackson,  Warren,  Williamson  and  Woodfin — 14. 

Mr.  Leak,  of  Anson,  presented  a  memorial  from  citizens  of 
Anson  county,  against  speculators  and  distillers,  which  -was 
read  and  referred  to  the  committee  on  Distilleries. 

Mr.  Warren,  from  the  select  committee  to  whom  was  referred 
a  memorial  from  citizens  of  Beaufort  county,  complaining  of 
certain  grievances,  made  a  report,  which  was  received  and  the 
committee  discharged. 

Mr.  Warren  offered  a  resolution  in  favor  of  the  Doorkeepers, 
which  passed,  under  a  suspension  of  the  rules. 

Blr.  Graham  introduced  a  resolution  providing  for  a  call  of 
the  Convention  before  the  20th  of  January,  in  case  it  shall  be 
necessary,  which  also  passed,  under  a  suspension  of  the  rules. 

Mr.  Strong,  from  the  committee  on  Enrollments,  reported 
the  following  as  correctly  enrolled,  and  the  same  were  duly 
ratified  in  open  Convention  : 

A  resolution  authorizing  the  President  to  call  the  Convention 
together,  if  the  public  interests  require  it ; 

A  resolution  in  favor  of  the  Doorkeeper  and  Assistant  Door- 
keepers ; 

A  resolution  to  postpone  the  printing  of  certain  Colonial 
and  other  records ; 

A  resolution  in  regard  to  the  printing  of  the  ordinances  and 
resolutions  passed  at  the  present  session  of  the  Convention ; 

A  resolution  of  inquiry  as  to  the  state  and  condition  of  the 
Cape  Fear  and  Deep  River  Improvement ; 

A  resolution  in  favor  of  D.  D.  Ferebee. 

The  President  announced  that  the  hour  had  arrived  to  take 
up  the  orders  of  the  day. 

Mr.  Osborne  moved  to  postpone  the  special  order,  being  the 
ordinance  to  charter  the  Piedmont  Railroad  Company,  to  the 
22nd  day  of  Januarj-,  18G2,  and  the  motion,  after  some  discus- 
sion, was  agreed  to. 

Mr.  Woodfin  moved  to  take  up  the  ordinance  to  perfect  the 
ordinance,  passed  at  the  present  session,  to  provide  for  the 
immediate  wants  of  tho  Treasury. 


84  .JOURNAL  OF  THE  [2d  Session, 

Mr.  Badger  moved  to  lay  that  motion  on  the  tabic,  on  which 
the  yeas  and  nays  were  ordei'cd,  on  motion  of  Mr.  Smith,  of 
Halifax,  and  resulted  in  the  negative,  yeas  18,  nays  58,  as 
follows : 

Yeas — Messrs.  Atkinson,  Badger,  Barnes,  Battle  of  Edge- 
combe, Battle  of  Wake,  Berry,  Brodnax,  Calloway,  Dickson, 
Foy,  Graham,  Holden,  Rhodes,  RufEn,  Satterthwaite,  Strange, 
Strong,  Thomas  of  Carteret,  and  Williamson — 18. 

Mays — Messrs.  Armfield,  Arrington,  Batchelor,  Biggs,  Bond, 
Brown,  Bryson,  Caldwell  of  Rowan,  Cannon,  Christian,  Dar- 
den,  Dick,  Douthitt,  Durham,  Edwards,  Ferebee,  Gilmer,  Gor- 
rell,  Hamlin,  Hargrove,  Holmes,  Johnston,  Joyce,  Leak  of 
Anson,  Long,  Lyon,  Mann,  Manning,  Mebane,  Moseley,  Os- 
borne, Phifer,  Rayner,  Reid,  Royster,  Sanders,  Schenck,  Set- 
zer,  Shipp,  Smith  of  Halifax,  Smith  of  Johnston,  Smith  of 
Macon,  Sprouse,  Spruill  of  Bertie,  Thomas  of  Jackson,  Thomp- 
son, Thornton,  Turner,  Warren,  Williams,  Wilson  and  Wood- 
fin— 53. 

The  question  then  recurred  on  Mr.  Woodfin's  motion. 

Mr.  Satterthwaite  moved  to  postpone  the  further  considera- 
tion of  the  subject  until  the  25th  day  of  January  next,  at  12 
o'clock,  M. 

Pending  the  consideration  of  this  motion,  (Mr.  Satterthwaite 
in  the  chair,) 

Mr.  Graham  introduced  the  following  resolution,  which  was 
unanimously  adopted : 

Resolved^  That  the  thanks  of  this  Convention  are  due,  and 
hereby  cordiall}'^  tendered  to  Hon.  Weldon  N.  Edwards,  Presi- 
dent thereof,  for  the  dignity  and  urbanity  with  which  he  has 
presided  over  its  deliberations. 

Mr.  Biggs  then  arose  in  his  seat  and  tendered  his  resignation 
as  a  member  of  this  Convention,  to  take  effect  on  the  12th  of 
January  next,  and  his  resignation  was  received. 

Mr.  Biggs  then  offered  a  resolution  for  a  writ  of  election  on 
the  12th  of  January  next,  to  fill  the  vacancy  created  by  his 
resignation,  and  it  was  adopted. 

Mr.  Badger  moved  an  adjournment.      ^ 


1861.]  STATE   CONVENTION.  85 

Mr.  Spruill,  of  Bertie,  moved  a  call  of  the  House,  and  the 
motion  was  agreed  to. 

Mr.  Badger  urged  his  motion  as  having  precedence  over  all 
other  questions,  and  the  President  so  decided. 

Mr.  Badger  asked  the  yeas  and  nays  on  his  motion,  which 
were  ordered,  and  resulted,  yeas  25,  nays  50,  as  follows  : 

Yeas — Messrs.  Atkinson,  Badger,  Barnes,  Battle  of  Edge- 
combe, Battle  of  Wake,  Brodnax,  Calloway,  Dickson,  Foy, 
Graham,  Holden,  Holmes,  Johnston,  Manning,  Meares,  Osborne, 
Rhodes,  Ruffin,  Satterthwaite,  Sprouse,  Strange,  Strong, 
Thomas  of  Carteret,  Williamson  and  Wooten — 25. 

Nays — Messrs.  Armficld,  Arrington,  Batchelor,  Berry,  Biggs, 
Bond,  Brown,  Bryson,  Caldwell  of  Rowan,  Cannon,  Christian, 
Cunningham,  Darden,  Dick,  Dillard,  Douthitt,  Durham,  Fere- 
bee,  Foster  of  Randolph,  Gilmer,  Gorrell,  Hamlin,  Hargrove, 
Howard,  Jones  of  Caldwell,  Jones  of  Rowan,  Joyce,  Long, 
Lyon,  Mebane,  Merritt,  Moseley,  INIyers,  Phifer,  Rayner,  Reid, 
lloyster,  Schenck,  Setzer,  Sliipp,  Smith  of  Halifax,  Smith  of 
Johnston,  Speed,  Spruill  of  Bertie,  Thompson,  Thornton, 
Turner,  Williams,  Wilson  and  Woodfin — 50. 

The  hour  having  arrived,  the  Convention  took  a  recess  until 
4  o'clock. 


Afternoon  Session. 

In  pursuance  of  the  motion  adopted  before  the  recess  to-day, 
a  call  of  the  House  was  had,  when  the  following  gentlemen 
answered  to  their  names: 

Messrs.  Armficld,  Arrington,  Badger,  Batchelor,  Battle  of 
Edgecombe,  Battle  of  Wake,  Berry,  Biggs,  Brodnax,  Bryson, 
Caldwell  of  Rowan,  Cannon,  Cunningham,  Dick,  Dickson, 
Dillard,  Durham,  Edwards,  Ferebee,  Foy,  Gilmer,  Gorrell, 
Graham,  Hargrove,  Holden,  Jones  of  Rowan,  Joyce,  Long, 
Lyon,  Meares,  Mebane,  Mitchell,  Moseley,  Phifer,  Rayner, 
Reid,  Rhodes,  Royster,  Ruffin,  Smith  of  Halifax,  Smith  of 
Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Strange,  Strong, 


86  JOURNAL,   &c.       [2d  Session,  1861. 

Thomas  of  Carteret,  Tliomas  of  Jackson,  Thompson,  Thornton, 
Warren,  Williams,  Wilson  and  Woodfin — 54. 

There  being  no  quorum  present, 

Mr.  Graham  moved  that  the  Convention  do  now  adjourn,  on 
which  the  yeas  and  nays  were  ordered,  on  motion  of  Mr. 
Woodfin,  and  resulted,  yeas  20,  nays  29,  as  follows : 

Yeas — Messrs.  Badger,  Battle  of  Edgecombe,  Battle  of 
Wake,  Berry,  Cunningham,  Dickson,  Durham,  Foy,  Graham, 
Holden,  Mebanc,  Rhodes,  Ruffin,  Smith  of  Johnston,  Smith  of 
Macon,  Speed,  Sprouse,  Strange,  Strong  and  Thomas  of  Car- 
teret—20. 

Nays — Messrs.  Armfield,  Arrington,  Batchelor,  Biggs,  Brod- 
nax,  Caldwell  of  Rowan,  Cannon,  Dick,  Dillard,  Ferebee,  Gil- 
mer, Gorrell,  Hargrove,  Jones  of  Rowan,  Joyce,  Long,  Lyon, 
Meares,  Moseley,  Phifer,  Rayner,  Reid,  Royster,  Thomas  of 
Jackson,  Thompson,  Thornton,  Williams,  Wilson  and  Wood- 
fin—29. 

There  still  being  no  quorum  voting,  / 

Mr.  Speed  moved  that  the  Convention  do  now  adjourn,  in 
pursuance  of  the  resolution  heretofore  adopted. 

Mr.  Meares  moved  to  amend  by  taking  a  recess  until  this 
evening  at  7  o'clock,  and  it  was  not  agreed  to. 

The  motion  of  Mr.  Speed  was  then  adopted,  and  the  Conven- 
tion adjourned  to  12  o'clock,  January  20th,  1862. 


Pi 


JOTRNAL 


OF 


THE  CONVENTION 


OF   THE   PEOPLK   Of 


KORTH  CAROLINA. 


«Ef)itlJ  ^cB^imt. 


HELD   IN  JANUARY    AND    FEBRUARY,    1862. 


RALEIGH  : 
Ji^O.    W.    riVUkUi,    PHINTER   TO    TBJk   C0NVli:NTlO^. 

1802. 


JOURNAL 


ut     iiih 


STATE    CONVENTION 

THIRD    SESSION.     1862. 


I.N   CUKVi^NTiUiN.  Monday.  January  2U,  1862. 

Pursuant  to  adjourumeni ,  th^  ConvtMitioii  mot  this  day,  the 
President  in  the  Chair. 

On  motion  of  Mr.  Satterthwaite,  ihe  roll  of  members  whs 
called  in  order  to  ascertain  whether  a  quorum  wu.s  present. 

The  following  members  answered  to  their  names  : 

Messrs.  Allison,  Battle  (Jt'  Wake,  Berry,  Brown,  Bryson, 
Caldwell  of  Rowan,  Dardt^n,  Dick.  Dickson.  Douthitt,  Durham, 
Edwards,  Foster  of  Randolph,  Gilmer,"  Gorrell,  Graham,  Har- 
grove, Headen,  Hicks,  Holdeu,  Jones  of  Currituck,  Jones  of 
Rowan;  Kittrell,  Leak  of  Richmond,  Long,  Manning,  McNeill 
of  Cumberland,  Meares,  Mitchell,  Pettigrew,  Phifer,  Raynift'. 
Rhodes,  Satterthwaite,  Schenck,  Smith  of  Johnston,  Smith  of 
Macon,  Speed,  Strange,  Thornton,  Warren,  Williamson,  Wilson. 
Woodfin,  Wooten — 45. 

No  quorum  being  present,  on  motion  of  Mr.  Brown,  tlie 
Convention  adjourned  until  to-morrow  morning,  10  o'clock. 


LN   CONVENTIO^^   Tuii^^DAi,  January  lil,   18t)2. 
The  President  took  the  chair  and  called  the  Convention  to  order. 
The  journal  of  the  last  day  of  the  last  session,  and  the  joui-- 
il  of  yesterday,  were  read  and  approved. 


4  JOURNAL  OF  THE  [l»  Session, 

D.  W.  Bagley,  of  Martin  ;  G.  W.  Michal,  of  Rutherford  ;  and 
1),  H.  Starbuck,  of  Forsythe,  elected  to  fill  vueancies  in  their 
respective  counties,  produced  their  credentials  and  took  their 
*«ats  in  the  Convention.  Messrs.  Miclial  and  Starbuck  were 
present  on  yesterday,  but  for  want  of  a  quorum  their  credentials 
were  not  received. 

Mr.  Mebane  presented  a  petition  from  .sundry  citizens  of 
Alamance  County,  asking  the  Convention  to  consider  the  pro- 
priety of  making  the  Company's  Shops,  on  the  North  Carolina 
Railroad,  a  terminus  of  the  proposed  Piedmont  Railroad,  which 
was  read,  and  on  his  motion  referred  to  the  committee  on 
military  affairs. 

ilr.  Satterthwaite  offered  the  following  :  ♦ 

Resolved^''  That  a  .select  committee  be  appointed  Avhose  duty 
it  shall  be  to  inquire  into  the  character,  (quality  and  quantity  of 
the"goods  advertised  to  be  sold  at  the  Market  Square,  in  the 
city  of  Raleigh,  on  the  23d  inst.,  by  J.  Devereux,  Major, 
A.  Q.  M.— ascertain  when  and  in  what  manner  the  State  became 
owner  of  said  goods,  and  whether  the  interest  of  the  State  will 
aot  be  Injured  by  allowing  said  sale  to  take  place  at  the  iime 
and  in  the  manner  advertised,  and  that  ^»aid  committee  report 
;jvt  the  earliest  practicable  moment. 

On  his  motion,  the  rules' were  suspended  and  the  vesolutioxi 
put  upon  itR  passage  and  agreed  to. 

The  President  announced  the  following  as  the  Committee  : 
Mes'Srs.  Satterthwaite,  Woodfin,  Battle  of  Edgecombe,  Petti- 
grew  and  Miller. 

.  Mr.  Brown  introduced  an  ordinance,  providing  for  the  pay- 
ment of  bounty  to  the  North  Carolina  Volunteers,  who  may 
re-enlist  for  the  term  of  ttvo  years  or  the  war,  in  the  service  of 
the  Confederate  States,  which  passed  the  first  reading  and  waf^ 
referred  to  the  committee  on  military  affairs. 

Mr.  Battle,  of  Wake,  moved  that  the  chart t-r  of  the  Chatham 

Railroad  Company  be  printed,  and  if  was  not  agreed  to. 

i     The  unfinished  business,  being  the  motion  of  Mr.  Satterthwaite 

•/tio  postpone  until  the  25th  of  January,  the  motion  of  Mr.  Wood^ 

/in  to  proceed  to  the  consideration  of  the  ordinance  providing 

'    for  the  isjaue  of  Treasury  note:?,  was  then  taken  up. 


18fi2.1  STATK   COm^ENTION.  5 

Mr.  Sattcrthwaite,  by  consent,  withdrew  hif  motion,  and  the 
rjucfition  recurred  on  the  motion  of  Mr.  Woodfin.  which  vrn^ 
»jrreed  to. 

Mr.  RnflSn  moved  to  rol'er  the  ordiuancf  tc  the  committee  on 
finance,  but  at  the  suggestion  of  Mr.  Badger,  the  motion  vrns 
changed  to  a  reference  to  a  select  committee. 

Tending  the  conaideration  of  thif  motion,  Mr.  Speed  asked 
»nd  obtained  leave  to  offer  the  following  resolution  : 

He-tolved,  That  Hie  Excellency  the  Governor  be  requested  to 
furni.sli  thin  Convention  any  information  he  may  have  in  relation 
to  the  fleet  of  the  enemy  paid  to  be  in  the  Sounds  and  at  the 
inletB  of  North  Carolina,  and  to  make  such  suggestions  in 
relation  thereto  as  he  may  deem  necessary  for  the  action  of  thit* 
Convention  ;  ^vhich  wa?  agreed  to. 

The  consideration  of  Mr.  Ruffine*  motion  was  then  resumed, 
but  was  again  suspended  to  receive  a  communication  from  Hit* 
Excellency  the  Governor,  in  response  to  a  resolution  of  the 
Con\'ention. 

And  then,  on  motion  of  Mr.  Foster,  of  Randolph,  the  lobbies 
and  galleries  were  cleared,  and  the  Convention  proceeded  to  sit 
with  closed  doors. 

After  remaining  some  time  in  secret  session,  the  doors  werp 
opened,  when, 

Mr.  Smith  of  Halifax,  introduced  an  ordinance  to  authorize 
the  Governor  to  embody  a  portion  of  the  Militia  of  the  State, 
which  passed  its  first  reading. 

On  motion,  the  rules  were  suspended  and  the  ordinance  read 
ihe  second  time, 

Mr.  Badger  moved  to  amend  by  striking  out  the  words, 
•'during  the  existing  war."  and  inserting,  "for  the  emergency 
xnentioned  in  his  message  of  to-day,"  and  it  was  agreed  to. 

The  ordinance  was  further  amended  so  as  to  make  it  conform 
to  the  above  amendment,  and  as  thus  amended,  it  passed  th« 
«econd  and  third  readings  and  was  ordered  to  be  enrolled. 

On  motion,  leave  of  absence  for  an  indefinite  time  was  grante<il 
to  Messrs.  Jones,  of  Currituck,  Pettigrew,  Satterthwaite,  Spe«A 
»«i  Warro«. 


6  JOURNAL  OF  THK  |3d  ^vmon. 

On  motion  of  Mr.  Raynor.  the  Prpsidcut  was  authorized  to  fill 
the  vacancy  in  the  Committee  on  finance,  (^ansM.-l  hv  thf  vf^igna- 
tion  of  Judge  Biggfr. 

Mr.  Strong,  from  the  Committee  on  Enrollments.,  reported  the 
Ordinance  to  empower  the  Governor  to  embody  a  portion  of  the 
militia  for  the  defence  of  the  State,  as;  correctly  enrolled,  and 
the  same  was  duly  ratified. 

Then,  on  motion  of  Mr.  Badger,  the  Convention  adjourned  t«> 
10  o'clock  to-morrow  morning. 


IN  CONVENTION,  Wednesday,  January  22,  1862. 

The  President  took  the  Chair,  and  called  the  Convention  to 
order.     Prayer  by  Bev.  Dr.  Mason,  of  the  P.  E,  Church. 

The  journal  of  yesterday  was  read  and  approved. 

The  President  announced  that  Mr.  Calloway  was  appointed  on 
the  Committee  on  Finance,  in  place  of  Judge  Biggs. 

Mr.  Strange  introduced  an  ordinance  to  receive  ten  thousand 
volunteers  for  the  defence  of  North  Carolina,  which  passed  its 
first  reading,  and  on  his  motion,  was  referred  to  the  committee 
on  military  afiairs. 

The  unfinished  business  of  yesterday,  being  the  motion  to  refer 
the  ordinance  of  Mr.  Woodfin  to  a  select  committee,  was  then 
lAken  up  by  the  Convention. 

Pending  the  consideration  of  which,  the  houi'  of  12  arrived, 
being  the  hour  set  apart  for  the  consideration  of  the  ordinance 
to  incorporate  the  Piedmont  Rail  Road  Company.  On  motion 
of  Mr.  Gilmer,  the  same  was  postponed  until  to-morrow  at  11 
o'clock,  and  made  the  special  order  for  that  hour. 
V,  Mr.  Rayner  moved  that  the  ordinance  in  relation  to  the  Coal- 
fields Railroad  be  made  the  special  order  for  eleven  o'clock 
to-morrow.     Not  agreed  to. 

Mr.  Howard  moved  that  it  be  made  the  special  order  at  half- 
paat  10  o'clock  to-morrow.     Not  agreed  to. 

Go  motion  of  Mr.  Badger,  said  ordinance  wa«  made  the 
ip»cial  order  for  12  o'clock  to-morrow. 


1862.]  STATE   CO^'VENTIO^^  T 

The  Convention  then  reeumed  the  consideration  of  the  question 
pending  when  the  hour  for  the  special  order  arrived,  and  so  con- 
tinued until  the  recess. 


4   0  CLOCK,    P.    M. 

The  Convention  re-assembled,  and  proceeded  with  the  consid- 
eration of  the  unfinished  business  of  the  morning,  the  question 
being  the  motion  to  refer.  Mr.  Calloway  asked  for  the  ayes 
find  noes.  wInVli  bolnrr  ordrred,  resulted  :is  follows — nvos"  10, 
noes  53 : 

Ayes — Messrs.  Barnes,  Battle  of  Edgecombe,  Battle  of  Wake, 
Berry,  Bunting,  Caldwell  of  Rowan,  Calloway,  Cunningham, 
Dickson,  Foster  of  Ashe,  Headen,  llolden,  Holmes,  Leak  of 
Richmond,  Rhodes,  Ruffin,  Sprouso,  Starbuck  and  Strange — 19. 

Noes — Messrs.  Allison,  Batchelor,  Bogle,  Brodnax,  Brown, 
Bryson,  Cannon,  Dillard,  Douthitt.  Durham,  Edwards,  Eller, 
Fuller,  Gilmer,  Gorrell,  Hamlin,  Hargrove,  Hearne,  Hicks, 
Howard,  Jones  of  Rowan,  Joyce,  Kelly,  KittPcll,  Long,  Lyon, 
Manning,  McDowell  of  Biirke,  McNeill  of  Cumberland,  Mcbane, 
Michal,  Miller,  Mitchell,  Myers,  Rayner,  Reid,  Roj'ster,  San- 
ders, Schenck,  Setzer,  Shipp,  Smith  of  Halifax,  Smith  of  John- 
ston, Smith  of  Macon,  Spruill  of  Tyrrell,  Strong,  Sutherland, 
Thompson,  Thornton,  Williamson,  Wilson,  Woodfin  nnd  Woo- 
ten— 53. 

The  question  now  rceurring  on  the  passage  of  the  ordinancc 
its  second  reading,  Mr.  Woodfin  offered  the  following  amendment : 

Strike  out  the  second  section,  and  insert  in  lieu  thereof  as 
follows : 

That  the  said  ordinance  be  so  amended  as  to  provide  and 
require  that  of  the  whole  of  the  Treasury  notes,  hereafter  to  be 
issued  under  the  provisions  of  said  ordinance,  one-half  shall  be 
of  the  denomination  of  five  dollars  ;  one  fourth,  of  the  denomi- 
nation of  ten  dollars,  and  the  remaining  fourth  of  the  denomi- 
nation of  twenty  dollars,  and  in  the  course  of  the  issuing  of  said 
37 


8  JOURNAL  OF  THE  [3d  Sessioiv, 

notes,  the  same  relative  proportions  shall  be  observed,  as  near 
as  may  be.     "Which  was  agreed  to.  ' 

Mr.  Woodfin  also  offered  the  following  proviso,  to  come  in  at 
the  end  of  the  first  section  : 

Provided^  That  the  ordinance  shall  not  operate  on  the  notes 
issued  before  the  passage  of  this  ordinance  ;  which  was  agreed  to. 

As  amended,  the  ordinance  then  passed  its  second  reading. 
The  rules,  on  motion,  were  suspended,  and  the  ordinance  read 
the  third  time.  Mr.  Headen  called  for  the  ayes  and  noes, 
which  being  ordered,  resulted  as  follows — ayes  53,  noes  13 : 

Ayes — Messrs.  Allison,  Bagley,  Batchelor,  Bogle,  Brodnax, 
Brown,  Bryson,  Caldwell,  Cannon,  Dick,  Dillard,  Douthitt, 
Durham,  Edwards,  Eller,  Foster  of  Ashe,  Foster  of  Randolph, 
Fuller,  Gilmer,  Gorrell,  Hamlin,  Hargrove,  Hearne,  Headen, 
Hicks,  Holden,  Howard,  Jones  of  Rowan,  Joyce,  Kittrell,  Long, 
Lyon,  Manning,  McDowell  of  Burke,  McNeill  of  Cumberland, 
Meares,  Mebane,  Michal,  Miller,  Myers,  Phifer,  Rayner,  Reid, 
Royster,  Sanders,  Schenck,  Setzer,  Shipp,  Smith  of  Halifax, 
Smith  of  Johnston,  Smith  of  Macon,  Sprouse,  Spruill  of  Tyr- 
rell, Sutherland,  Thornton,  Williamson,  Wilson,  Woodfin  and 
Wooten— 59. 

Noes — Messrs.  Barnes,  Battle  of  Edgecombe,  Battle  of  Wake, 
Bunting,  Calloway,  Dickson,  Graham,  Kelly,  Leak  of  Rich- 
mond, Rhodes,  Ruffin,  Starbuck  and  Strange — 13. 

So  the  ordinance  passed  its  third  reading,  and  was  ordered 
to  be  enrolled. 

On  motion  of  Mr,  Brown,  the  Conventron  adjourned. 


IN  CONVENTION,  Thursday,  January  23,  1862. 

The  Convention  met,  the  President  in  the  chair. 

The  journal  of  yesterday  was  read  and  approved. 

J.  M.  Strong,  delegate  from  Mecklenburg,  and  M.  J.  Mo- 
Duffie,  delegate  from  Cumberland,  elected  to  fill  vacancies  in 
their  respective  counties,  presented  their  credentials  and  took 
their  Beats  in  the  Convention. 


1862.]  STATE    CONVENTION.  9 

Mr.  Miller  presented  a  memorial  from  the  officers  of  the  34th 
Regiment  N.  C.  Volunteers,  upon  the  subject  of  ardent  spirits 
and  its  deleterious  effects  on  the  efficiency  of  the  army,  which 
wa3  read,  and  on  motion  of  Mr.  Leak,  of  Richmond,  was  refer- 
red to  a  select  committee. 

Mr.  Foster,  of  Ashe,  presented  the  proceedings  of  the  County 
Court  of  his  county,  in  relation  to  the  4th  section  of  the  reve- 
nue act  of  the  last  General  Assembly,  which,  on  motion  of  Mr. 
Graham,  was  referred  to  the  committee  on  Finance. 

Mr.  Houston  presented  similar  proceedings  of  the  County 
Court  of  Union  County,  which  were  referred  to  the  same  com- 
mittee. 

Mr.  Long,  from  the  committee  on  Mr.  Satterthwaite's  resolu- 
tion concerning  the  sale  of  certain  goods  belonging  to  the  State, 
made  a  report,  recommending  that  the  sale  be  allowed  to  go  on, 
in  which  report  the  Convention  concurred. 

Mr.  Strong  offered  the  following,  which  was  agreed  to,  under 
a  suspension  of  the  rules  : 

Itcsolved,  That  the  Secretary  of  State  be  authorized  to  allow 
W.  B.  Gulick  to  use,  in  or  out  of  the  office,  at  his  discretion, 
the  census  returns  of  18G0,  for  the  space  of  two  months,  or 
until  they  shall  be  called  for  by  an  authorized  agent  of  the 
Confederate  States,  provided  the  same  shall  not  be  removed 
from  the  city  of  Raleigh, 

On  motion  of  Mr.  Ruffin,  the  President  was  authorized  to  fill 
the  vacancy  on  the  Judicial  Committee,  caused  by  the  resigna- 
tion of  Judge  Biggs. 

Mr.  Smith,  of  Macon,  introduced  an  ordinance  to  provide  for 
the  completion  of  the  Western  North  Carolina  Railroad,  and 
for  other  purposes,  which  passed  its  first  reading,  and  on  his 
motion,  was  referred  to  a  select -committee. 

The  special  order  was  now  called  for,  being  the  ordinance  to 
authorize  the  construction  of  the  Peidmont  Railroad. 

Mr.  Strong  moved  to  postpone  the  same  until  Thursday  next, 
and  make  it  the  special  order  for  that  day  at  11  o'clock. 

On  this  question  Mr.  Reid  asked  for  the  ayes  and  noes,  which 
being  ordered,  resulted  in  the  affirmative   as  follows: 


10        ^  JOURNAL   OF  THE  [3d  Session, 

Ayes — Messrs.  Allison,  Bagley,  Barnes,  Batchelor,  Battle  of 
Edgecombe,  Battle  of  Wake,  Berrv,  BroTvn,  Bryson,  Bunting, 
Caldwell,  Calloway,  Cannon,  Dillan.l,  Edwards,  Ferebee,  Fuller, 
Graham,  Hargrove,  Hearne,  Headen,  Holden,  Holmes,  Howard, 
Kelly,  Leak  of  Anson,  Leak  of  Richmond,  Lyon,  McDowell  of 
Burke,  McDuffie,  McNeill  of  Cumberland,  Meares,  Mebane, 
Merritt,  Moseley,  Rayner,  Rhodei%  Royster,  Ruflfin,  Smith  of 
Halifax,  Strange,  Strong  of  Wayne,  Sutherland,  Thornton, 
Williamson  and  Wooten — 46, 

J^OES — Messrs.  Brodnax,  Christian,  Councill,  Cunningham, 
Dick,  Douthitt,  Durham,  Eller,  Foster  of  Ashe,  Gilmer,  Gor- 
rell,  Hicks,  Houston,  Johnston,  Jones  of  Caldwell,  Jones  of» 
Rowan,  Joyce,  Kittrell,  Long,  Manning,  Michal,  Miller,  Mitchell, 
Myers,  Phifer,  Reid,  Schenck,  Setzer,  Shipp,  Starbuck,  Strong 
of  Mecklenburg,  Wilson  and  Woodfiu — 33. 

The  ordinance  concerning  the  Chatham  Coalfields  Railroad 
was  then  taken  up,  when 

Mr.  Rayner  moved  that  the  consideration  of  the  same  be  post- 
poned until  Thursday  next,  and  made  the  special  order  for  that 
day  at  11  o'clock. 

Pending  the  consideration  of  this  motion,  by  general  consent, 
Mr.  Ruffin  moved  that  the  order  of  the  Convention  for  afternoon 
sessions  b^  suspended  during  the  pres'ent  and  ensuing  weeks, 
and  it  was  agreed  to. 

Mr.  Rayner  then  withdrew  his  motion  for  postponing  the 
consideration  of  the  Chatham  Railroad  ordinance. 

Mr.  Ruffin  moved  that  the  Convention  do  now  adjourn,  on 
which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Gilmer, 
and  resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Allison,  Barnes,  Battle  of  Edgecombe,  Bat- 
tle of  Wake.  Brodnax,  Bunting,  Cannon,  Dickson,  Dillard,  Ed- 
wards, Fuller,  Gorrell,  Holden,  Holmes,  Howard,  Johnston, 
Jones  of  Rowan,  Kelly,  McDuffie,  McNeill  of  Cumberland, 
Mebane,  Mitchell,  Moseley,  Rayner,  Reid,  Rhodes,  Royster, 
Ruffin,  Setzer,  Smith  of  Halifax,  Strange,  Strong  of  Wayne, 
Sutherland.  Thornton  and  Wooten-r-35. 


1862;]  STATE   CONVENTION.  11 

Noes — Messrs.  Badger,  Bagley,  Batchelor,  Berry,  Bogle, 
Brown,  Bryson,  Caldwell,  Calloway,  Christian,  Couneill,  Cun- 
ningham, Dick,  Douthitt,  Durham,  Eller,  Ferebee,  Foster  of 
Ashe,  Gilmer,  Graham,  Hamlin,  Hargrove,  Hearne,  Headen, 
Hicks,  Houston,  Jones  of  Caldwell,  Joyce,  Kittrell,  Leak  of 
Anson,  Leak  of  Richmond,  Long,  Lyon,  Planning,  McDowell 
of  Burke,  Meares,  Merritt,  Michal,  Mycr?!,  Smith  of  Macon, 
Starbuck,  Strong  of  Mocklenbur^^,  Williamson.  Wilson  and 
Woodfin— 46. 

Mr.  Michal  now  moved  to  postpone  the  consideration  of  the 
ordinance  and  make  it  the  order  of  the  day  for  Monday  next, 
at  11  o'clock,  and  it  was  agreed  to. 

And  then,  on  motion  of  Mr.  Badger,  the  Convention  ad- 
journed. 


IN  CONVENTION,  Frid.^y,  January  24,  1862. 

The  President  took  the  chair  and  called  the  Convention  to 
order.  Prayer  by  Rev.  J.  G,  Whitfield,  of  the  Methodist 
Protestant  Church. 

Tlie  journal  of  yestej^day  was  read  and  approved.. 

The  President  announced  the  following  committdw^ : 

0)1  memorial  of  officers  of  the  Mth  Eeffiment—^le^SY^.  Leak 
of  Richmond,  Miller,  McDuffie,  Sprouse  and  Bagley. 

On  ordinance  to  complete  the  Western  N.  C.  Railroad — 
Messrs.  Smith  of  Macon,  Mlbane,  Starbuck.  Strong  of  Meck- 
lenburg, and  Hargrove. 

On  the  Judicial  Committee  to  fill  vacancy,  Mr.  Gorrell. 

The  President  laid  before  tho  Convention  a  letter  from  E.  AV. 
Ward,  resigning  his  seat  as  delegate  from  Onslow.  The  resig- 
nation was  accepted,  and  on  motion  of  Mr,  Woodfin,  an  elec- 
tion ordered  to  fill  the  vacancy  on  the  3rd  day  of  February. 

Mr.  Foster,  of  Ashe,  presented  the  proceedings  of  the  County 
Court  of  his  county,  on  the  "  Stay  Law,"'  which,  on  motion  of 
Mr.  Mitchell,  was  referred  to  the  Judiciarv  Committer. 


# 


12  JOURNAL   OF   THE  [3d  SEseioy, 

Mr.  Hicks  introduced  an  ordinance  in  relation  to  certain  dis- 
loyal citizens  of  Madison  County,  which  passed  its  first  reading. 

Mr.  Calloway  presented  a  resolution  in  relation  to  the  Con- 
federate Tax,  which,  the  rules  having  been  suspended,  was 
referred  to  the  committee  on  that  subject. 

The  ordinance  to  charter  the  Chatham  ilailroad  Company 
was  then  taken  up  as  the  unfinished  business  of  yesterday,  and 
put  on  its  second  reading,  by  sections. 

The  4th  section  being  read,  on  motion  of  Mr.  Miunning,  the 
first  "Jshall"  in  the  6th  line  was  stricken  out  and  "  may"  inserted, 
and  in  the  8th  line  the  words  ''bearing  interest  at  the  rate  of 
tfix  per  cent,  per  annum." 

The  whole  ordinance  having,  been  read, 

Mr.  Strange  moved  that  the  subject  be  indefinitely  postponed, 
»a  which  motion  the  ayes  and  noes  were  ordered,  on  motion  of 
Mr.  Holmes,  and  resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Bagley,  Battle  of  Edgecombe,  Bunting,  Cald- 
well, Cunningham,  Darden,  Dickson,  Dillard,  Fuller,  Greenlee, 
Hargrove,  Holmes,  Jones  of  Rowan,  Kelly,  Lyon,  McDowell  of 
Burke,  McDowell  of  Madison,  Michal,  Moseley,  Phifor,  Rhodes, 
Royster,  Sanders,  Setzer,  Strange,  Strong  of  Wayne,  Suther- 
land, Thompson,  Thornton  and  Willij^s — 30. 

No£!^|i|p3\Iessra.  Allison,  Badger,  Barnes,  Batchelor,  Battle  of 
Wake,  Berry,  Brodnax,  Brown,  Bryson,  Calloway,  Cannon, 
Christian,  Council,  Dick,  Douthitt,  Durham,  Edwards,  Eller, 
Ferebee,  Gilmer,  Gorrell,  Graham,  Hamlin,  Headen,  Hicks, 
Holden,  Houston,  Johnston,  Joil^s  of  Caldwell,  Joyce,  Kittrell, 
Leak  of  Anson,  Leak  of  Richmond,-  Long,  Manning,  McDuflie, 
McNeill  of  Cumberland,  Meares,  Mebane,  Merritt,  Miller, 
Mitchell,  Reid,  Rullin,  Shipp,  Smith  of  Halifax,  Smith  of  John- 
stun,  Smith  of  Macon,  Starbuck,  Strong  of  Mecklenburg,  Wil- 
iiamston,  Wilson,  Woodfin  and  AVooten — 54. 

The  qaestioQ  was  then  put  and  the  ordinance  passed  the  sec- 
ond reading. 

Mr.  Badger  introduced  an  ordinance  tp  repeal  parts  of.au 
act  of  the  General  Assembly,  entitled   '*  an  act  to  alter  the 


1862.]  STATE   CONVENTION.  IS 

j  urisdjction  of  the  couris  andtbe^  rulesofjleadin^  therein. ' " 

commonly  known  as  the  StayLaw,  which  passed  its  first  reading. 

And  then,  on  motion  of  Mr.  Badger,  the  Convention  adjourned. 


IN  CONVENTION,  Saturday,  January  25,  18(>2. 

The  President  took  the  chair  and  called  the  Convention  to  order. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Graham  presented  to  the  Contention  a  document  from 
the  office  of  the  Comptroller  of  State,  embodying^certain  statis- 
cal  information,  which,  on  his  molion,  was  ordered  to  bet  printed. 

Mr.  Darden  presented  a  memforial  from  citizens  of  Greene 
county  upon  the  subject  of  the  distillation  of  spirituous  liquors. 
which,  on  his  motion,  was  referred  to  the  committee  on  Distil- 
leries. 

Mr.  Smith,  of  Johnston,  introduced  an  ordinance  to  amend 
the  24th  section  of  the  militia  law  passed  by  the  last  General 
Assembly,  which  passed  its  first  reading. 

Mr.  Rayner,  from  the  committee  of  Finance,  to  whom  was 
referred  the  ordinance  to  repeal  the  4th  section  of  the  Revenue 
Law  of  the  last  General  Assembly,  and  resolutions  of  Justices  of 
the  Peace  of  several  counties  in  relation  to  the  same  subject, 
reported  back  the  ordinance  and  recommended  its  passage. 

Business  on  the  calendar  was  then  regularly  taken  up. 

The  report  of  the  committee  on  amendments  to  the  Bill  of 
Rights  was,  on  motion  of  Mr.  Ellison,  postponed  until  Thursday 
next,  and  made  the  special  order  for  11  o'clock. 

Mr.  Strong,  from  the  committee  on  Enrollments,  reported  as 
correctly  enrolled,  the  Ordinance  to  perfect  an  ordinance  in 
relation  to  Treasury  notes,  and  for  other  purposes  ;  also,  a  Re- 
solution to  allow  Wm.  B.  Gulick  to*  use,  on  certain  conditions, 
I  the  Census  returns  of  1860,  and  the  same  were  ratified  in  open 
\  Convention. 

\  Mr.  Headen  moved  to  take  up  for  consideration,  the  ordinance 
to  encourage  the  manufacture  of  Salt  in  the  interior  of  the  State, 
and  it  was  not  agreed  to. 


14  'JOURNAL.   OF  THE    ^     [3d  Session', 

Mr.  Howard,  from  the  Executive  Committee,  reported  back 
the  ordinancG  to  create  the  office  of  Lieutenant-Governor,  with  a 
substitute,  Avhich  passed  its  first  reading  and  wa;*  made  the 
special  order  for  Wednesday  next,  at  11  o'clock. 

Mr,  Hicks  moved  to  take  up  and  consider  his  ordinance  in 
relation  to  certain  disloyal  persons  in  Madison  County,  and  it 
W9£  agy-eed  to. 

The  lobbies  and  gallei'ies  were  cleared,  and  the  ^Convention 
proceeded  to  sit  with  closed  doors. 

After  remaining  some  tiiiie  in  secret  session,  the  doors  were 
again  opened,  when 

Mr.  Graham  gave  notice  of  certain  amendments  which  he 
would  oflfer  to  the  ordinance  introduced  by  Mr.  Badger,  in  rela- 
tion to  the  Act  of  the  General  Assembly,  ccmmonly  known  as 
;  the  Stay  Law,  which  amendments  were  read  for  information,  and 
ordered  to  be  printed. 

The  ordinance  to  charter  the  Chatham  Railroad  Company  wa? 
then  taken  up  and  read  the  third  time. 

Mr.  Jones,  of  Rowan,  moved  that  it  be  postponed  until 
Wednesday  next,  and  made  the  special  order  for  11  o'clock  on 
that  day. 

Mr.  Howard  moved  to  postpone  it  until  Wednesday  next,  12 
I  o'clock,  which  was  not  agreed  to- 

The  question  was  then  put  on  the  motion  of  Mr.  Jones,  of 
Rowan,  and  it  was  adopted. 

Mr.  Satterthwaite  gave  notice  that  he  would  offer  an  amend- 
ment to  the  ordinance,  providing  that  the  stock  of  the  Road 
should  be  pledged  for  the  redemption  of  the  Treasury  notes 
/    proposed  to  be  borrowed. 

On  motion  of  Mr.  Badger,  the  ordinance  in  relation  to  the 
Stay  Law,  was  made  the  special  order  for  Wednesday  next  at 
12  o'clock. 

The  resolution  of  Mr.  Thomas,  of  Jackson,  in  regard  to  the 
Western  North  Carolina  Railroad,  was,  on  motion,  referred  to 
the  committee  on  that  subject, 

Mr.  Ruffin  offered  the  following,  which  was  put  on  its  passage, 
under  a  suspension  of  thf  rules,  and  adopted  : 


1fi62.]  V  STATE   CONVENTION.  15 

Eesolved,  That  in  aid  of  the  Revenue,  a  reasonable  tax  ought 
to  be  levied  on  the  distillation  of  ardent  spirits,  or  on  the  grain 
used  for  distillation,  and  that  the  committee  on  Finance  enquire 
as  to  the  proper  mode  and  amount  of  such  tax,  and  report  an 
ordinance  for  that  purpose. 

Mr.  Mitchell  offered  an  ordinance  on  the  same  subject,  which 
passed  the  first  reading,  and  was  referred  to  the  committee  on 
Finance. 

The  ordinance  to  ratify  and  confirm  the  Acts  and  Judicial 
proceedings  of  the  Superior  Courts  held  by  His  Honor,  Judge 
French,  in  the  counties  of  Henderson,  Buncombe,  Madison  and 
Yancey,  was  read  the  second  time  and  passed  the  second  reading. 

On  motion  of  Mr.  Woodfin,  the  ordinance  was  read  the  third 
time,  passed,  and  ordered  to  b«  enrolled. 

On  motion  of  Mr.  Badger,  the  Convention  adjourned. 


IN   CONVENTION,   Monday,  January  27,  1862. 

The  Convention  met,  the  President  in  the  chair.  Prayer  by 
Rev.  J.  M,  Atkinson,  of  the  Presbyterian  Church. 

The  journal  of  Saturday  was  read  and  approved. 

Mr.  Long  presented  a  petition  from  citizens  of  Randolph 
county,  asking  that  the  Convention  would  not  modify  nor  repeal 
the  act  of  the  General  Assembly,  commonly  known  as  the  Stay 
Law,  which,  on  his  motion,  was  referred  to  the  committee  on 
the  Judiciary. 

Mr.  Ellison  introduced  an  ordinance  to  incorporate  the  Wash- 
ington and  Tarborough  Railroad  Company,  which  passed  its 
first  reading. 

The  ordinance  heretofore  introduced  by  Mr.  Smith,  of  John- 
ston, to  amend  the  24th  section  of  the  militia  law,  passed  at  the 
last  General  Assembly,  was  read  the  second  time  and  referred 
to  the  committee  on  Military  Affairs. 

Mr.  Woodfin  moved  to  reconsider  the  vote  by  which  the  Con- 
vention passed  the  ordinance  to  ratify  the  acts  and  judicial  pro- 
ceedings of  certain  courts  ;  his  object  being  to  offer  certain 
38 


16  •  JOURNAL   OF   THE  [3d  Session, 

amendments  in  order  to  perfect  the  same.  It  was  agreed  to, 
and  Mr,  Woodfin  moved  to  insert  "Yancey,"  after  the  word 
''Madison,"  in  the  second  section,  and  the  motion  prevailed. 
He  moved  further  to  amend  by  inserting  the  words,  "of  Yancey 
county  on  the  fifth  Monday  after  the  fourth  Monday  in  Sep- 
tember," which  amendment  was  agreed  to,  and  the  ordinance, 
as  thus  amended,  was  passed  and  ordered  to  be  enrolled. 

The  spccal  order  for  11  o'clock,  was  then  taken  up,  being 
the  ordinance  to  amend  the  Bill  of  Rights,  and  after  some  dis- 
cussion thereon,  on  motion  of  ]\Ir.  RuflSn,  was  recommitted,  with 
instructions  to  report  an  ordinance  in  conformity  with  the  report 
from  the  committee. 

The  special  order  for  12  o'clock,  being  the  ordinance  to 
amend  the  Stay  Law,  was  then  taken  up,  and,  on  motion  of 
Mr.  Badger,  was  referred  to  the  Judicial  Committee. 

Mr.  Starbuck,  by  consent,  offered  an  amendment  to  the  ordi- 
nance, which  was  read  for  information,  and  referred  to  the 
4^6ame  committee. 

The  amendments  heretofore  proposed  by  Mr.  Graham,  were, 
on  his  motion,  similarly  referred. 

The  report  of  the  committee  on  Finance,  recommending  the 
passage  of  the  ordinance  to  repeal  the  4th  section  of  the  Reve- 
nue Act,  passed  by  the  late  General  Assembly,  was  then  taken 
up  on  its  second  reading. 

The  question  was  put  on  its  passage  upon  the  second  reading, 
on  which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Thomas  of  Jackson,  and  resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Allison,  Atkinson,  Badger,  Bagley,  Ba/tche- 
lor.  Battle  of  Wake,  Berry,  Bogle,  Brodnax,  Brown,  Bryson, 
Bunting,  Caldwell,  Calloway,  Cannon,  Christian,  Councill, 
Cunningham,  Darden,  Dick,  Dickson,  Dillard,  Douthitt,  Dur- 
ham, Edwards,  Eller,  Ferebee,  Foster  of  Ashe,  Fuller,  Gorrell, 
Graham,  Hamlin,  Hearne,  Headen,  Hicks,  Holden,  Holmes, 
Houston,  Johnston,  Jones  of  Caldwell,  Jones  of  Rowan,  Joyce, 
Kittrell,  Leak  of  Richmond,  Long,  Manning,  McDuffie,  McNeill 
of  Cumberland,  McNeill  of  Harnett,  Meares,  Merritt,  INIiller, 
Mitchell,  Moseley,  Phifer,  Rayner,  Reid,  Rhodes,  Ruflin,  San- 


1862.]  STATE   CONVENTION.  IT 

"^ 
ders,  Satterthwaite,  Sctzer,  Smith  of  Halifax,  Smith  of  John- 
ston, Smith  of  Macon,  Sprouse,  Spruill  of  Tyrrell,  Starbuck, 
Strong  of  Mecklenburg,  Thornton,  Warren,  Williamson,  Wil- 
son and  Wooten — 75. 

Noes — Messrs.  Barnes,  Greenlee,  Hargrove,  Kelly,  Leak  of 
Anson,  Lyon,  McDowell  of  Burke,  McDowell  of  Madison, 
Michal,  Penland,  Strong  of  Wayne,  Sutherland,  Thomas  of 
Jackson,  and  Woodfin — 14. 

On  motion  of  Mr.  Badger,  the  rules  were  suspended,  and  the 
ordinance  was  read  the  third  time,  passed,  and  ordered  to  be 
enrolled. 

The  President  laid  before  the  Convention  a  communication 
from  His  Excellency,  the  Governor,  received  through  the  hands 
of  Col.  Spier  Whitaker,  aid  to  the  Governor,  transmitting  a 
letter  from  the  Secretary  of  War  in  regard  to  certain  bonds  of 
the  State  of  North  Carolina  held  by  the  United  States,  for  the 
benefit  of  Indians  loyal  to  the  Confederate  States,  recommei\ding 
that  tlie  State  pay  the  amount  to  the  Confederate  States  to 
insure  the  proper  application  of  the  same,  which,  on  motion  of 
Mr.  Graham,  was  referred  to  a  select  committee. 

The  President  also  laid  before  the  Convention  a  letter  from 
Hon.  A.  H.  Arrington,  member  elect  to  the  House  of  Repre- 
sentatives of  the  Confederate  Congress,  resigning  his  seat  in 
the  Convention  as  delegate  from  Nash,  to  take  effect  on  the 
the  11th  proximo,  which  was  accepted,  and  on  motion  of  Mr. 
Satterthwaite,  it  was  ordered  that  a  writ  of  election  be  issued 
to  fill  the  vacancy  on  the  11th  February. 

Then,  on  motion  of  Mr.  Badger,  the  Convention  adjourned. 


IN  CONVENTION,  Tuesday,  January  28,  1862. 
The  Convention  met,  the  President  in  the  chair.     Prayer  by 
Rev.  Dr.  Mason,  of  the  P.  E.  Church. 
The  journal  of  yesterday  was  read  and  approved. 
The  President  announced  the  followincj  committee : 


If  JOURNAL  OF  THE  [Sd  Session, 

On  the  iubject  embraced  i)i  the  Jltsaaye  of  the  Governor  of 
ifesterday — Messrs.  Graham,  Thornton,  Dick,  Moseloy  and 
Councill. 

Mr.   Holden,   from   the  minority  of  the   couimittee  on   the 
modctt  of  amending  the  Constitution,  presented  a,  report  signed 
by  himself  and  Mr.  Thompson,   in  favor  of  retaining  in  the 
Constitution  the  legislative  mode  of  amendment,  which,  on  mo- 
tion of  Mr.  Satterthwaite,  was  ordered  to  be  printed,  together 
with  the  report  of  the  majority,  made  at  the  last  session  of  the 
Convention. 
\  i      Mr.  Ellison,  from  the  committee  on  the  Bill  of  Rights,  in 
\  obedience  to  the  instruction  of  the  Convention,  on  yesterday, 
.reported   an  ordinance   to    amend  the  Bill  of   Rights,  wliich 
passed  its  first  reading. 

Mr.  Ellison  oflered  the  following: 

JleHolvedf  That  the  committee  on  Military  Aftairs  be  instruct- 
ed to  inquire  into  the  expediency  of  paying  to  Capt.  C.  P. 
Jones'  company  of  artillery,  of  Beaufort  county,  and  all  such 
other  companies  as  were  received  directly  into  the  service  of 
the  Confederate  States,  the  same  bounty  authorized  to  be  paid 
to  volunteers  received  by  this  State  and  report  by  ordinance  or 
otlierwise. 

On  motion,  the  rules  were  suspended,  and  the  resolution  was 
taken  up  and  agreed  to. 

Mr.  Ruftin,  from  the  Judicial  Committee,  to  whom  were  re- 
ferred an  ordinance  and  several  proposed  amendments  thereto, 
touching  the  act  of  the  (Jeneral  Assembly,  commonly  known 
as  the  ''Stay  Law,"  rcjjorted  said  ordinance  back  to  the  Con- 
vention, with  several  amendments  proposed  by  the  committee, 
and  recommended  its  passage. 

Mr.  Battle,  of  Wake,  gave  notice  of  an  amendment  to  said 
ordinance,  Avhich  was  ordered  to  be  printed. 

Mr.  Ruffin  now  moved  that  the  subject  be  made  the  special 
order  after  to-morrow  at  12  o'clock,  which  was  agreed  to. 

yir.  Leak,  of  Richmond,  from  the  committee  on  the  memorial 
of  the  34th  Regiment  N.  C.  Volunteers,  made  a  report,  accom- 
panied with  an  ordinance  upon  the  subject  of  the  distillation  of 
spirituous  liquors,  which  passed  its  first  reading. 


1862.]  STATE  CONVENTION.  19 

Oil  motion  of  Mr.  McDuffie,  the  report  waB  ordered  to  be 
printed. 

The  special  order  was  now  called  for,  being  the  ordinance  in 
connection  with  the  Chatham  Railroad,  on  its  third  reading. 

Mr.  Manning  moved  to  strike  out  the  4th,  5th  and  6th  .sec- 
tions, and  insert  in  lieu  thereof,  a  substitute,  the  purpose  of 
which  was  to  perfect  the  same,  which  said  amendments  were 
agreed  to. 

On  motion  of  Mr.  Graham,  the  following  section  was  added : 
That  the  said  railroad  may  be  constructed  with  termini  at  any 
point  or  points  in  the  said  Coalfield  region  that  the  stock- 
holders in  said  company  may  agree  upon,  with  the  approbation 
of  the  Board  of  Internal  Improvement.«^. 

Mr.  Manning,  at  the  suggestion  of  Mr.  Ruffin,  moved  the 
following  amendment,  to  come  in  at  the  end  of  the  4th  section : 
''No  addition  to  the  deed  of  mortgage  heretofore  required  to 
be  executed  and  delivered  by  said  rallrniid  company  to  the 
State  of  North  Oaroliiut,  ^hall,  by  this  ordinance  have  a  lien 
upon  the  estate,  botli  real  and  personal,  of  said  company,  which 
they  may  now  have  or  hereafter  acquire  to  secure  the  principal 
and  interest  of  the  bonds  of  the  State,  authorized  to  be  issued," 
which  was  agreed  to. 

Mr.  Battle,  of  Wake,  moved  to  amend  as  follows;  "That 
the  corporate  authorities  of  incorporated  towns  subscribing  to 
the  capital  stock  of  the  Chatham  Railroad  Company,  in  order 
to  provide  for  the  payment  of  their  subscription,  and  of  the 
principal  and  interest  of  bonds  for  that  purpose  by  them  issued, 
shall  have  authority  to  lay  and  collect  taxes,  from  all  subjects 
which,  under  the  charters  of  said  terms,  are  taxable;"  which 
was  agreed  to. 

The  question  now  recurring  upon  the  passage  of  the  ordi- 
nance as  amended,  its  third  reading, 

Mr.  Strong,  of  Wayne,  called  for  the  ayes  and  noes,  which 
being  ordered,  resulted  as  follows — ayes  58,  noes  37  : 

AyE!^ — Messrs.  Allison,  Armfield,  Arringtun,  Badger,  Bag- 
ley,  Barnes,  Batchelor,  Battle  of  Wake,  Bogle,  Brodnax,  Bry- 
son,  Caldwell,   Calloway,   Christian,   Council!,  Dick,  Durham, 


20  JOURNAL  OF  THE  [3d  Session, 

Edwards,  Ellcr,  Fcrebec,  Gilmer,  Gorrcll,  Graham,  Ilaralln, 
Hearnc,  Ileaden,  Hicks,  Holdeii,  Houston,  Johnston,  Jones  of 
Cahlwcll,  Jones  of  Rowan,  Joyce,  Kittrell,  Leak  of  Anson, 
Leak  of  Richmond,  Long,  Manning,  McDowell  of  Madison, 
McDufBe,  McNeill  of  Harnett,  Meares,  Mebane,  Merritt,  Mil- 
ler, Myers,  Phifer,  Reid,  Rhodes,  Ruffin,  Satterthwaite,  Setzer, 
Smith  of  Halifax,  Smith  of  Macon,  Starbuck,  Strong  of  Meck- 
lenburg, Thompson,  Warren,  Wilson  and  Woodfin — 58. 

Noes — Messrs.  Berry,  Brown,  Bunting,  Cannon,  Cunning- 
ham, Darden,  Dickson,  Dillard,  Doutliitt,  Ellison,  Fuller, 
Greenlee,  Hargrove,  Holmes,  Kelly,  Lyon,  McDowell  of  Burke, 
McNeill  of  Cumberland,  Michal,  Mitchell,  Moseley,  Penland, 
Rayner,  Sanders,  Smith  of  Johnston,  Strange,  Strong  of 
Wayne,  Sutherland,  Thornton,  Williams,  Williamson  and 
Wooten— 37. 

The  ordinance  was  then  ordered  to  be  enrolled. 

On  motion  of  Mr.  Badger,  the  title  of  the  ordinance  was  de- 
clared to  be  as  follows :  "  An  ordinance  in  addition  to,  and 
amendment  of,  an  act  of  the  General  Assembly,  ratified  the 
15th  of  February,  1861,  entitled  'An  act  to  incorporate  the 
Chatham  Railroad  Company,'  and  to  repeal  aii  act  supplemen- 
tal thereto,  ratified  the  23rd  of  February,  1861." 

Then,  on  motion  of  Mr.  Badger,  the  Convention  adjourned. 


IN  CONVENTION,  Wednesday,  January  29,  1862. 

The  President  took  the  Chair,  and  called  the  Convention  to 
order.  Prayer  by  Rev.  Thomas  E,  Skinner,  of  the  Baptist 
Church. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Rayner  oftered  the  following  : 

Resolved,  That  the  Executive  Committee  be  instructed  to  in- 
quire into  the  propriety  of  so  amending  tlie  Constitution  of  the 
Stprteas  to  dispense  with  the  Executive  Couhcil. 

3Ir.  Christian  introdu'(:'od  an  ordinance  to  I'^t^peal  the  9th  sec- 
tion of  the  Cheraw  and  Coalfields  Cha^'ter,  as  amended  by  the 
Legislature  of  1861,  which  passed  the  firsl  rcaditig.'' 


y 


y 


1862.]  STATE   CONVENTION.  21 

^Ir.  Michal  offered  the  following : 

Resolved,  That  from  and  after  to-day,  no  ordinance  or  reso- 
lution shall  be  introduced  for  the  action  of  the  Convention, 
except  it  be  a  proposition  to  cliangc  or  amend  the  Constitution. 
Lies  over  one  day. 

Mr.  Smith,  of  Johnston,  introduced  an  ordinance  to  enforce 
certain  penalties  on  the  banks  of  the  State  in  case  they  refuse 
to  take  Treasury  notes  of  the  State,  which  passed  its  first 
reading. 

Mr.  McDuflRc  introduced  an  ordinance  to  effect  a  railroad 
communication  between  Florence,  S.  C,  and  Fayetteville,  N. 
C.,  which  passed  the  first  reading. 

The  resolution  heretofore  introduced  for  inquiry  as  to  the 
propriety  of  exempting  Clerks  of  the  County  Courts  from  ordi- 
nary militia  duty,  was  then  taken  up  and  not  agreed  to. 

Mr.  McDuffio  offered  a  resolution  instructing  the  committee 
on  Military  Affairs  to  inquire  into  the  propriety  of  a  telegraph 
line  between  Fayetteville  and  Raleigh. 

Mr.  Reid  moved  to  take  up  the  ordinance  to  increase  the 
salaries  of  the  Treasurer  and  Comptroller,  and  it  was  agreed  to. 

On  motion  of  Mr.  Meares,  it  was  amended  so  as  to  include 
the  Secretary  of  State,  and  then,  on  motion  of  Mr.  Reid,  was 
referred  to  the  committee  on  Finance. 

The  resolution  declaring  the  sense  of  the  Convention  as  to 
the  establishment  of  a  bank  owned  by  the  State,  was  read  the 
second  time,. and,  on  motion  of  Mr.  Woodfin,  made  the  special 
order  for  IMonday  next  at  11  o'clock. 

The  resolution  limiting  the  speeches  of  members  having  been 
read,  was,  on  motion  of  Mr.  Graham,  ordered  to  lie  on  the 
table. 

Mr.  Woodfin  presented  a  petition  from  certain  citizens  of 
Mitchell  county  in  regard  to  the  location  of  the  county  scat  of 
said  county,  which,  on  his  motion,  was  referred  to  a  select  com- 
mittee. 

Mr.  Schenck  presented  counter  petitions  from  the  same 
county  on  the  same  subject,  which  were  referred  to  the  same 
committee. 


"22  JOURNAL  OF  THE  [3d  Session, 

The  resolution  calling  on  the  Governor  for  information  in 
regard  to  the  defences  of  the  State,  was  read,  and,  on  motion, 
ordered  to  lie  on  the  table. 

The  President  announced  the  following  committee  on  the 
petitions  from  Mitchell  county:  Messrs.  Schenck,  Greenlee, 
Bryson,  Penland  and  Joyce. 

Mr.  Strnngc  offered  a  resolution  to  detail  Col.  W.  J.  Green's 
Regiment  from  Wise's  Legion,  which  lies  over  one  day. 

Mr.  Foster,  of  Randolph,  moved  to  suspend  the  rules  and 
consider  the  resolution  at  this  time,  and  the  motion  prevailed. 

On  motion  of  Mr.  Mehane,  the  resolution  was  laid  upon  the 
table. 

Mr.  Mitchell  offered  the  following : 

Mesolved,  That  it  be  referred  to  the  committee  of  Finance  to 
inquire  and  report  the  expenditures  incurred  by  the  State  in 
the  administration  of  the  military  department  of  the  State 
government  since  the  first^of  April,  1861 ;  and  also  report  an 
estimate  of  the  expenditures  that  will  be  probably  incurred 
from  now  until  the  first  day  of  October  next,  in  the  administra- 
tion of  the  military  department  of  the  State ;  also  to  inquire 
and  report  the  amount  of  the  actual  disbursements  made  in 
discharge  of  liabilities  incurred  in  the  raising,  support,  clothing 
and  equipping,  transporting  and  paying  troops,  and  all  other 
liabilities  in  connection  with  the  military  department  of  the 
State. 

The  resolution  lies  over  one  day,  under  the  rules. 

Mr.  Starbuck  offered  the  folloAving : 

Resolved,  That  a  select  committee  bo  instructed  to  inquire 
and  report  to  the  Convention,  whether  persons  from  between  the 
ages  of  forty-five  and  fifty  years  arc  enrolled  in  the  militia  of 
other  States  of  this  Confederacy;  and,  if  not,  whether  section 
3rd  of  the  militia  law  of  the  last  General  Assembly  ought  not 
to  be  so  modified  as  to  exempt  from  enrollment  all  persons  over 
forty-five  years  of  age,  in  order  that  this  State  may  not  be  re- 
quired to  furnish  more  than  her  proportional  share  of  Confede- 
rate States  troops. 

On  motion  of  Mr.  Barnes,  the  rules  were  suspended  and  th« 
.resolution  was  then  considered  and  agreed  to. 


1862.1  STATE   COm^EXTroN.  2:? 

The  ordinarwi'c  to  proviflo  .1  pcnnancut  school  fund,   nnd  t<> 

the  second  time, 
to  tlio  committee 


)/  equalize  the  distribution  of  the  same,  was  read 
/    and,  on  motion  of  Mr.  Satterthwaite,  referred  i 
on  Common  Sehoole^. 


The  special  order,  heing  tlie  ordinance  to  provide  for  the 
M.)fiicc  of  Lieutenant  Goveiiior,  was  then  called  for. 

Mr.  Ileaden  moved  that  it  be  postponed  and  made  the  special 
order  for  Friday  next  at  11  o'clock,  and  it  was  agreed  to. 

Mr.  Thomas,  of  Jackson,  introduced  an  ordinance  to  carry 
into  effect  existing  laws  for  raising  troops  for  local  defence, 
which  passed  the  first  reading. 

The  ordinance  to  equalize  taxation  was  read  the  second  time, 
and,  on  motion  of  Mr.  Smith,  of  Halifax,  was  laid  upon  the  table. 

The  ordinance  to  amend  and  carry  into  effect  the  act  of  the 
General  Assembly,  entitled  "An  act  to  raise  a  force  for  the 
/defense  of  the  State,"  was  read  the  second  time,  and,  on  motion 
of  Mr.  Thomas,  of  Jackson,  ordered  to  lie  on  the  table. 

The  ordinance  to  encourage  the  mining  and  manufacture  of 
salt  in  the  intetior  of  this  State  was  read  the  second  tin]('. 

Mr.  Sanders  offered  the  following  amendment,  to  come  in  at 
the  end  of  the  first  section  :  ''Excep't  in  cases  of  insurrection, 
invasion,  or  a  requisition  of  troop's  by  the  President  of  the  Con- 
federate States,"  which  w'f(s  adopted,  and  the  ordinance  then 
passed  the  second  reading. 

On  motion,  the  rules  were  suspended,  and  the  ordinanco 
passed  the  third  reading,  and  AVas  ordered  to  be  enrolled. 

The 'special  orders  of  the  day  were  now  called  for,  the  ques- 
tion being  on  the  concurrence  of  the  Convention  in  the  amend- 
ments proposed  by  the  Judicial  committee.  The  first  amendment 
was  read  as  follows— after  the  words  ''fieri  facias,''  in  the  14th 
line,  insert,  "from  a  CouH  of  record  or  a  Court  of  equity," 
and  it  wavS  agreed  to.         -  -^ , >  T'    !^^^ i v   -     '  -m-. ^ ' 

The  second  amendment  was  read,  as  follows — insert  after  the 
word  "for"   in  the  19th  line,  the  words,  '^two-thirds  thereof." 

Mr.  Satterthwaite  moved  that  the  wliolo  subject  be  indefinitely 
postponed. 

Pending  the  consideration  of  which,  on  motion  of  Mr.  Ruftin, 
the  Convention  adjourned. 
o9 


+ 


24  JOURNAL   OF  THE  [3d  Session, 


IN  CONVENTION,  Tuursday,  January  30,  U&2. 

The  President  took  the  Chair  and  called  the  Convention  to 
order.     Prayer  by  Rev.  John  S.  Long,  of  the  M.  E.  Chiirch. 

The  journal  of  yesterday  >vas  read  and  approved. 

The  President  announced  the  following  Committee  on  the 
subject  embraced  in  the  resolution  of  Mr.  Starbuck,  passed  on 
yesterday  :  Messrs.  Starbuck,  Fcrebee,  Dickson,  Leak  of  Anson, 
and  McNeill  of  Harnett. 

Mr.  Battle,  of  Wake,  from  the  committee  on  Enrollments, 
reported  the  folloAving  ordinances  as  correctly  enrolled,  and  the 
same  were  duly  ratified  : 

An  Ordinance  to  annul  the  4th  section  of  the  Act  passed  by 
the  last  General  Assembly,  entitled,  "Revenue."' 

An  Ordinance  to  encourage  the  mining  and  manufacture  of 
Salt  in  the  interior  of  the  State. 

An  Ordinance  in  addition  to  and  amendment  of  ;iii  Act  of 
the  General  Assembly,  ratified  the  16th  day  of  February,  1861, 
entitled,  "  an  act  to  incorporate  the  Chatham  Railroad  Com- 
pany," and  to  repeal  an  Act  supplemental  thereto,  ratified  the 
28d  day  of  February,  1861. 

Mr.  Smith,  of  Macon,  from  the  committee  to  whom  was 
referred  a  resolution  in  regard  to  the  Western  North  Carolina 
Railroad,  reported  the  same  back  to  the  Convention  and  recom- 
mended its  adoption. 

Mr.  Smith,  of  Halifax,  oflfered  the  following,  which  lies  over 
one  day  : 

RvHolved,  That  the  committee  on  Military  Affairs  be  instructed 
to  inquire  and  report,  in  their  judgment,  the  best  means  for 
supplying  with  volunteers  for  the  war,  the  places  of  the  twelve- 
months volunteers,  when  their  terms  of  service  shall  expire; 
and  that  said  committee  also  inquire  into  the  expediency  of 
vesting  in  the  rank  and  file  of  the  troops  to  be  raised  for  the 
war,  the  right  to  elect  their  Company  oflicers  ;  and  in  the  Com- 
pany officers,  the  right  to  elect  the  field  ofiicers  ;  that  said 
committee  also  take  into  consideration  the  subject  of  promotion 
in  the  regiments  from  this  State,  jand  report,  in  their  judgment, 


> 


1 


1862.]  STATE   CONVENTION.  25 

tliat  plan  of  promotion  which  seems  to  be  best  and  most  just 
both  for  the  service  and  for  the  officers  themselves  :  and  that 
said  committee  report  by  ordinance  or  otherwise  at  as  early  a 
day  as  practicable. 

Mr.  Strange  intraduced  an  ordinance  to  authorize  the  Public 
Treasurer  to  issue  Treasury  notes,  which  passed  its  first  readinj^. 
On  liis  motion  the  rules   were  suspended  for  tlie  pui'pose  of 
putting  the  ordinance  on  its  second  and  third  readings  to-day, 
and  it  passed  the  second  reading  and  was  read  the  third  time. 
Mr.  Smith,  of  Halifax,  moved  to  amend  by  striking  out  all 
after  the  word  "dollars,"  in  the  9th  line,  and  inserting,  "Pro- 
vided said  notes  shall  bear  no  interest,"  which  was  agreed  to. 
Mr.  Satterthwaite  moved  to  amend  as  follows;  "And  said 
notes  shall  be  a  part  of,  and  not  an  addition  to,  the  amount 
lieretofore  authorized  to  be  issued,"  and  it  was  ajrreed  to. 

The  ordinance  as  amended,  then  passed  the  third  reading, 
and  was  ordered  to  be  enrolled. 

Mr.  Ileaden  introduced  an  ordinance  to  amend  the  Constitu- 
tion in  relation  to  Common  Schools  and  the  University,  which 
which  passed  its  first  reading. 

Mr.  Strong,  of  Wayne,  introduced  the  following  : 
Jiesulved,  That  upon  a  proper  construction  of  the  Constitu- 
tion, His  Excellency,  Henry  T.  Clark,  is  entitled  to  exercise  the 
powers  of  Governor  of  this  State  until  his  successor  shall  have 
been  elected  by  the  people,  and.  shall  "have  entered  upon  hi.s 
duties. 

The  resolution  lies  over  one  day,  under  the  rules. 
Mr.  Sutherland  offered  the  following,  which  also  lies  over 
under  the  rules : 

ResoU'ed,  That  the  committee  on  Milieary  Affiiirs  bo  in- 
structed to  inquire  into  the  propriety  of  exempting  all  Justices 
of  tlie  Peace  over  the  age  of  forty-five  years  from  the  periodi- 
cal muster  drills:  Provided,  howeve/-,  That  they  be  not  exempt 
from  service  in  case  of  a  call  for  the  militia,  or  a  draft,  and  that 
they  report  by  or<linance  or  otherwise. 

Mr.  Thompson  introduced  an  ordinance  restoring  the  courts, 
whieh  passetl  its  first  rending. 


36  JOURNAL    OF    THE  f3p  Session, 

Oil  mutiuii  ul"  Mr.  ^Mitchell,  the  President  ^vas  authorized  io 
add  two  members  to  the  committee  on  Distilleries,  and  Messrs. 
Cannon  and  Phifer  were  appointed  by  the  President. 

The  unfinished  Inisiness  of  vessteriluy  was  taken  uj),  when 
Mr.  Reid  moved  that  it  be  postponed  in.  order  to  take  up  the 
tpecial  order  of  the  day — the  ordinance  to  charter  the  Pied- 
mont Railroad  Company. 

Mr.  Badger  moved  to  lay  ihat  motion  on  the  table,  on  which 
the  ayes  and  noes  were  ordered,  on  motion  of  iMr.  Gilmer,  and 
resulted  in  the  affirmative,,  as  follows: 

Ayes — Messrs.  Allison,  Arrington,  Badger,  Bagley,  Barnes, 
Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Bogle,  Bond, 
Bunting,  Calloway,  Cannon,  Council,  Darden,  Dickson,  Dillard, 
Edwards,  Ellison,  Foy,  Fuller.  Graham,  Hargrove,  Ilearne. 
llolden,  Holmes,  Uoward,  Jones  of  Caldwell,  Jones  of  Rowan, 
Kelly,  Leak  of  Richmond,  Lyon,  McDowell  of  Burke,  McDulIie, 
McNeill  of  Cumberland,  McNeill  of  narnctt.  Mebane,  Michal, 
Mitchell,  Moseley,  Myers,  P^ii^iland,  Rayncr,  Rhodes,  Royster, 
Ruffin,  Sanders,  Satterthwaite,  Setzer,  Smith  of  Halifax,  Smith 
of  JSIacon,  Sprouse,  Spruill  of  Tj'rrell,  Starbuck,  Strange, 
Strong  of  Mecklenburg,  Strong  of  Wayne,  Thompson,  Thornton, 
Turner,  Warren,  Williams,  Woodfln  and  Wooten — 64. 

Noes — Messrs.  Batchelor,  Brodnax,  Brown,  Bryson,  Cald- 
well, Christian,  Cunningham,  Dick,  Douthitt,  Diu-ham,  Eller, 
Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  G  orrell,  Greenlee, 
Headon.  Hicks,  Houston,  Johnston,  Joyce,  Kittrell,  Leak  of 
Anson,  Long,  Manning,  Merritt,  Miller,  Phifer,  Reid,  Schenck, 
Ship}),  Smith  of  Johnston,  Sutherland,  Thomas  of  Jackson, 
Washington,  Williamson  and  Wilson — 3(5. 

The  Convention  then  resumed  the  consideration  of  the  unhn- 
ished  business,  being  the  motion  of  Mr.  Satterthwaite  to  post- 
pone indefinitely  the  ordinance  in  relation  to  the  Stay  Law. 
After  some  discussion  thereon. 

On  motion  of  Mr.  Graham,  the  Convention  adj<juvned. 


^ 


1862.1  STATE   CONVENTION.  27 


IN  CONVENTION,  Friday,  January  31,  1862. 

The  President  took  the  chair  and  called  the  Convention  to 
order.     Prayer  by  Rev.  Henry  Ilardie,  of  Presbyterian  Church. 

The  journal  of  yesterday  was  read  and  approved. 

The  President  asked  leave  to  state  to  the  Convention  that  he 
was  in  error  on  yesterday,  in  entertaining  the  motion  of  Mr. 
Reid,  to  postpone  the  pending  question  in  order  to  proceed  with 
another  question,  whilst  the  pending  question  was  a  motion  to 
postpone  indefinitely.  This  he  states  to  prevent  the  error  from 
becoming  a  precedent. 

Mr.  Calloway  presented  a  petition  from  citizens  of  AVilket^, 
against  the  Stay  Law.  which  w.ns  referred  to  the  committee  on 
that  subject. 

Mr.  Hargrove  introdueetl  an  ordinance  concerning  the  county 
of  Granville,  which  passed  the  first  reading,  and,  under  a  sus- 
pension of  the  rules,  was  read  the  second  time. 

On  motion  of  delegates  from  their  respective  counties,  the 
ordinance  was  so  amended  as  to  apply  to  the  counties  of  Gaston, 
Lincoln,  Warren,  Stanly  and  Person  :  and  as  thus  amended,  it 
was  referred  to  the  committee  on  Finance. 

Mr.  Bryson  introduced  an  ordinance  to  allow  the  Planter,^' 
and  Miners'  Bank  to  establish  agencies  east  of  the  Blue  Ridge, 
which  passed  the  first  reading. 

On  motion  of  Mr.  Rayner,  the  resolution  in  regard  to  the 
Council  of  State,  was  taken  up  and  agreed  to. 

On  motion  of  Mr.  Christian,  the  ordinance  heretofore  intro- 
duced by  him,  to  repeal  the  9th  section  of  the  Charter  of  the 
Cheraw  and  Coalfields  Railroad  Company,  was  referred  to  a 
.select  committee. 

The  Presiderit  announced  the  following  to  constitute  the  com- 
mittee :  Messrs.  Christian,  Leak  of  Richmond,  Turner,  Schenck 
and  Manning. 

The  unfinished  business  of  yesterday  was  now  taken  up,  the 
pending  question  being  on  the  motion  to  indefinitely  postpone. 
After  considerable  debate,  the  question  was  put  aml^ resulted  in 
the  affirmative,  as  follows  : 


29  JOURNAL.    OF  THE  {Qd  Skpsion, 

Aye? — Messrs.  Ari-ington,  Atkinson,  Bagley,  Batchclor, 
13attle  of  Edgecombe,  Bond,  Bryson,  Bunting,  Christian, 
Cunningham,  Dardcn,  Dickson,  Dillard,  Durham,  Ellison,  Foy, 
Hargrove,  Hicks,  Holmes,  Howard,  Jones  of  Currituck, 
Kelly,  Leak  of  Anson,  Lyon,  McDowell  of  Burke,  McDowell  of 
Madison,  ?IcDuffie,  NcNeill  of  Cumberland,  McNeill  of  Harnett, 
Meares,  Mcbauc,  Moseley,  Myers,  Pcnland,  Reid,  Rhodes, 
Roj'ster,  t^anders,  Satterthwaito,  Smith  of  Johnston,  Smith  of 
Macon,  Spruill  of  Tyrrell,  Strange,  Strong  of  Wayne,  Suther- 
land, Thomas  of  Jackson,  Thompson,  Thornton,  Turner,  Warren, 
Williams,  AVilliamston,  \Yoodfiu  and  Woolen — 54. 

Noes — Messrs.  Allison,  Badger,  Barnes,-  Battle  of  \Vake, 
Berry,  Bogle,  Brudnax,  Brown,  Caldwell,  Calloway,  Cannon, 
Council,  Dick,  Doutliitt,  Edwards,  Eller.  Ferebee,  Foster  of 
Ashe,  Foster  of  Randolph,  Gilmer,  Correll,  Graham,  Green, 
Greenlee,  Hearne,  Headen,  Holden,  Houston,  Johnston,  Jones 
of  Caldwell,  Jones  of  Rowan,  Kittrell,  Leak  of  Richmond, 
Long,  JNIanning,  Michal,  Miller,  Mitchell,  Osborne,  Phifer,  Ray- 
ncr,  Ruffin,  Schenck,  Setzer,  Shipp,  Smith  of  Halifax,  Sprouse, 
Starbuck,  Strong  of  Mecklenburg,  Walton,  Washington  and 
AVilson — .Ji\ 

Mr.  Rayner,  from  the  committee  on  Finance,,  to  wliom  was 
referred  an  ordinance  concerning  Granville,  and  others  couutiey, 
made  a  report,  wliicli,  on  motion,  Avas  recommitted  to  the  com- 
mittee. 

Then,  on  motion  of  Mr.  Badgea-,  the  Convention  adjourned. 


IN  CONVENTION,  Saturday,   February  1,  18G2. 

TJie  President  took  the  chair  and  called  the  Convention  to 
order.  I'layer  by  Rev.  Fv-^ilorick  FitzGorald.  of  the  P.  E. 
Church. 

The  journal  (.1  yc-stcvday  was  ccad  and  approved. 

Mr.  Shipp  presented  a  petition  from  sundry  citizens  of  Tran- 
pylvania  county  in  relation  to  the  boundary  of  said  county,  which 
Avns  ordered  to  lie  on  the  table. 


1862.]  STATE   CONVENTION.  28 

Ml'.  Gtahaiu,  from  the  Legiblative  Committee,  to  whom  were 
referred  sundry  propositions  to  change  tlie  Constitution  of  the 
State  in  relation  to  the  General  Assembly,  made  a  report,  ask- 
ing to  be  discharged  from  the  further  consideration  of  the  sub' 
ject,  and  to  introduce  an  ordinance  in  relation  to  the  Legislative 
Department  of  the  Constitution,  embracing  the  provisions,  whicli, 
in  the  judgment  of  the  counnittce,  it  was  expedient  to  ordain, 
which  said  ordinance  passed  its  first  reading,  antl  was,  on  his 
motion,  made  the  special  order  for  Wednesday  next  at  12  o'clock. 

The  Convention  then  concurred  in  that  part  of  the  report 
which  aske<l  a  discharge  from  the  further  consideration  of  the 
subjects  referred  to  it. 

On  motion  of  Mr.  Ellison,  tlie  «.irtliijancc  in  relation  to  the 
Bill  of  Rights  was  made  the  special  order  for  Wednesday  at 
11|  o'clock. 

Mr.  Howard,  from  the  Ivlilitary  Coumiittco,  reported  an  ordi- 
nance to  raise  and  organize  North  Carolina's  quota  of  Confede- 
rate troops,  which  passed  its  first  reading,  and,  ou  his  motion, 
was  made  the  special  order  for  Tuesday  at  11  o'clock. 

On  motion  of  Mr.  Eatchelor,  leave  of  absence  was  granted 
to  Mr.  Smith,  of  Halifax,  until  Monday  next. 

On  motion  of  Mr.  Cunningham,  leave  of  absence  was  granted 
to  Leonidas  C.  Edwards,  Assistant  Secretary,  until  Tuesday 
next. 

Mr.  Rayner,  from  the  committee  on  Finance,  to  whom  was 
referred  an  ordinance  concerning  the  laying  of  taxes  by  the 
County  Courtf^,  reported  said  ordinance,  which  passed  the  first 
reading. 

On  motion,  the  rules  were  suspended  and  the  ordinance  read 
the  second  time. 

Mr.  Howard  moved  that  the  further  consideration  of  the  ordi- 
nance be  postponed  until  Monday,  which  was  not  agreed  to. 

Mr.  Ellison  offered  the  following  substitute  for  the  ordinance 
reported : 

That  the  act,  entitled  "Revenue,"  passed  at  the  last  session 
of  the  General  Assembly,  and  ratified  the  2od  day  of  September, 
A.  D.  lfi«^>1,  be  amended  so  as  to  authorise  :uid  roquirp  n  mniovirv 


.0  TOURNAL   <>F  THE  [;^d  Session, 

of  the  Justices  in  each  County  to  meet  at  the  Court  House  in 
the  several  counties  in  the  State  on  the  first  Monday  after  the 
second  day  of  May  in  each  and  every  year,  unless  said  day 
is  changed  hereafter,  by  the  General  Assembly,  and  proceed  to 
lay  the  taxes  for  county  purposes,  as  required  by  law:  That 
the  act  of  the  General  Assembly,  which  requires  the  first  County 
Courts  to  be  held  after  the  first  day  of  January,  in  each  year, 
to  lay  the  County  taxes,  and  all  acts  conflicting  with  the  fore- 
going amendment,  be  and  the  same  are  hereby  repealed.  That 
if  any  County  Court  shall  have  already  laid  their  taxes,  the 
same  is  hereby  declared  to  be  void. 

Mr.  Batchelor  moved  to  amend  the  amendment  by  striking 
out  the  word  ''first"  before  the  word  "Monday,"  in  the  6th 
line,  and  insert  the  word,  "second"  in  lieu  thereof;  which  was 
not  agreed  to. 

And  then,  on  motion  of  Mr.  Hargrove,  tlie  whole  subject  was 
re-committed  to  the  Committee. 

The  order  of  the  day  was  now  called  for,  being  the  ordinance 
to  incorporate  the  Piedmont  Railroad  Company,  the  pending 
question  being  the  amendment  offered  by  Mr,  Brown  to  make 
the  "Company's  Shops"  the  point  of  connection  with  the  Nortli 
Carolina  Railroad. 

Mr.  Kittrell  moved  to  amend  the  amendment  by  striking  out 
the  words,  "Company's  Shops."  and  insert  the  word,  "Lex- 
ington." 

Pending  the  consideration  of  the  subject.  o)i  motion  of  Mr. 
Rayner,  the  Convention  adjourned. 


IN  CONVENTION,  Monday,  February  S,  1862. 

The  President  took  the  chair  and  called  the  Convention  to 
order. 

The  journal  of  Saturday  was  read  and  approved. 

Mr.  Howard  presented  a  memorial  from  citizens  of  Wilson 
county  praying  the  action  of  the  Convention  on  the  subject  of 
the  distillation  of  grain,  which,  on  his  motion,  was  ordered  to  be 
filed  with  other  papers  on  that  subject. 


1862.]  STATE   CONVENTION.  31 

Mr.  Rayner  offered  the  following : 

Resolved,  That  the  committee  on  Finance  be  instructed  to 

ascertain,  as  far  as  practicable,  and  report  to  this  Convention, 

/-what  course  is  to  be  pursued  by  the  different  banks  of  this  State 

V^  in  regard  to  the  Treasury  notes  authorized,  to  be  issued  by  the 

f\     General  Assembly  and  by  this  Convention,  as  to  receiving  and 

paying  out  the  same  at  their  counters. 

The  rules  were,  on  his  motion,  suspendeil,  and  the  resolution 
0     adopted.  • 

Mr.  Thompson  introduced  an  ordinance  in  regard  to  the  ap- 
pointment of  company  officers,  which  passed  the  first  reading. 

Mr.  Graham  introduced  an  ordinance  in  relation  to  the  ex- 
penses by  the  Board  of  Claims,  which  passed  its  first  reading. 
Mr.  Ferebee  offered  the  following  : 

Resolved,  That  the  Governor  be  requested  to  inform  the  Con- 
vention, at  his  earliest  convenience,  what  arrangement  has  been 
Xmade  with  the  Confederate  Government  for  auditing  the  claims 
of  North  Carolina  against  said  government  for  expenditures 
incurred  by  said  State  in  carrying  on  the  war ;  also,  the  amount 
of  said  claims  allowed,  if  any. 

On  his  motion,  the  rules  were  suspended  and  the  resolution 
adopted. 

Mr.  Osborne  offered  the  following,  which  was  considered, 
under  a  suspension  of  the  rules,  and  adopted : 

Resolved,  That  the  committee  on  the  Judiciary  be  instructed 
to  inquire  into  the  expediency  of  allowing  Executors,  Guardians, 
Trustees  and  other  fiduciary  oflicers,  who  may  now  be  in  the 
army  of  the  Confederate  States,  to  make  such  schedules  and 
other  returns  of  their  various  trust  funds  as  may  be  required  by 
law  to  be  made  by  such  Executor,  &c.,  returnable  upon  oath, 
taken  before  some  regimental  officer,  or  some  Justice  of  the  Peace 
in  the  military  district  in  which  such  Executor,  &c.,  may  be 
situated. 
Mr.  McNeill,  of  Cumberland,  offered  the  following : 
Resolved,  That  this  Convention  will,  on  Monday,  the  10th 
inst.,  at  six  o'clock,  p.  m.,  adjourn ;  and  that  the  President  of 
the  Convention,  or,  in  the  event  of  his  death,  the  committee  named 
40 


32  JOURNAL   OF   THE  [3d  Sessioit, 

in  the  resolution  passed  by  this  Body,  be  empowered  to  convene 
this  Body,  before  the  first  day  of  January  next,  if  the  piiblic 
exigencies  require  it. 

Mr.  Ilayner,  from  the  committee  on  Finance,  to  whom  was 
re-committed  an  ordinance  relating  to  County  taxes,  reported  the 
same  back  with  a  substitute. 

On  motion  of  Mr.  Leak,  of  Richmond,  the  report  and  ordi- 
nance heretofore  presented  by  him,  in  relation  to  the  distillation 
of  grain,  were  made  the  special  order  for  Monday  next  at  11 
o'clock. 

Mr.  Batchelor  offered  the  following  : 

Resolved,  That  the  committee  on  Finance  be  instructed  to 
inquire  into  the  expediency  of  so  amending  the  Revenue  Law  as 
to  provide  some  other  mode  of  ascertaining  the  value  of  slaves 
than  by  the  valuation  of  the  owner  or  agents  who  lists  said  slaves. 

Mr.  McDuJBBe  offered  the  following : 

Resolved,  That  Adjutant  General  J.  G.  Martin  be  required, 
as  far  as  in  his  power,  to  furnish  this  Convention  with  a  list  of 
the  officers  from  North  Carolina  now  in  the  Federal  service,  and 
that  this  Convention  take  such  steps  as  may  be  deemed  necessary 
to  hand  them  down  to  posterity  as  infamous  persons. 

Mr.  Michal  moved  that  his  resolution  in  relation  to  the  subjects 
to  be  considered  by  the  Convention  be  taken  up,  and  it  was 
agreed  to. 

Mr.  Schenck  moyed  to  amend  as  follows:  "unless  the  same 
be  assented  to  by  a  majority  of  the  Delegates  present,"  which 
was  agreed  to. 

Mr.  Graham  moved  that  the  subject  bo  laid  upon  the  table ; 
on  which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Michal,  and  resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Allison,  Arrington,  Atkinson,  Bagley,  Batch- 
elor, Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Bogle,  Bond, 
Brown,  Bryson,  Bunting,  Calloway,  Cunningham,  Darden,  Dick, 
Dickson,  Douthitt,  Edwards,  Eller,  Ellison,  Ferebee,  Foster  of 
Ashe,  Foster  of  Randolph,  Foy,  Gilmer,  Gorrell,  Graham, 
Greenlee,  Hargrove,  Hcarne,  Ileaden,  Howard,  Johnston,  Jones 
of  Caldwell,  Jones  of  Rowan,  Joyce,  Kelly,  Kittrell,  Leak  of 


1862.]  STATE    CONVENTION.  33 

Anson,  Leak  of  Richmonil,  Long,  Mann,  Manning,  McDowell 
of  Madison,  McDuffic,  NcNeill  of  Cumberland,  Mcares,  INIcbane, 
Mitchell,  Myers,  Osborne,  Penland,  Rhodes,  Shipp,  Smith  of 
Macon,  Sprousc,  Starbuck,  Strange,  Sutherland,  Thomas  of 
Jackson,  Thornton,  Turner,  Walton,  Warren,  Washington,  Wil- 
son and  Woodfin — 69.  , 

Noes — Messrs.  Christian,  Durham,  Ilicks,  Jones  of  Currituck, 
Michal,  Miller,  Phifer,  Reid,  Setzer,  Smith  of  Johnsioti,  Strong 
of  Wayne,  Thompson,  Williamson  and  Wootcn — 15. 

Mr.  Leak,  of  Richmond,  offered  the  following : 

Resolved,  That  this  Convention  do  adjourn  over  on  Thursday, 
the  17th  iiist.,  and  that,  in  the  meantime,  they  apply  themselves 
to  such  business,  and  such  only,  as  the  pressing  emergency  of 
our  condition  suggets ;  subject,  however,  to  be  called  together 

by  the  President  whenever  any of  this  body  shall  so  request; 

or  in  his  absence,  death,  or  inability,  to  a  like  call  by  the  Prin- 
cipal Secretary,  when  so  required  by  a  like  number  of  delegates. 

Mr.  Walton  offered  the  following: 

liesolvedj  That  the  Military  Committee  be  required  to  inquire 
into  and  define  the  words,  "or  pay  an  equivalent,"  as  found  in 
the  5th  section,  17th  chapter  of  the  military  law  passed  at  the 
second  extra  session  of  the  Legislatui'e  of  1861. 

On  motion  of  Mr.  Mitchell,  his  resolution  in  relation  to  State 
expenditures  for  military  purposes,  was  taken  up  and  agreed  to. 

The  unfinished  business  of  Saturday  was  then  taken  up,  the 
pending  question  being  on  the  amendment  of  Mr.  Kittrell  to 
the  amendment  of  Mr.  Brown.  The  subject  occupied  the  time 
in  discussion  until  the  hour  of  recess. 


4*  O'clock,  P.  M. 

The  Convention  proceeded  to  the  consideration  of  the  subject 
pending  at  the  hour  of  recess. 

The  question  on  Mr.  Kittrell's  amendment  was  put,  and  it 
was  not  agreed  to. 

The  question  then  recurred  on  the  amendment  offered  by  Mr. 
Brown,  which  occupied  the  time  until  a  late  hour. 


34  JOURNAL  OF  THE  [3d  Session, 

By  gcncnil  consent  Mr.  Ilo-vvard  moved  to  suspend  the  opera- 
tion of  the  resolution  requiring  afternoen  sessions,  until  Monday 
next,  and  the  motion  prevailed. 

Then,  on  motion  of  Mr.  Arrington,  the  Convention  adjourned. 


IN  CONVENTION,  Tuesday,  February  4,  1862. 

The  President  took  the  Chair  and  called  the  Convention  to 
order.     Prayer  by  Rev.  Dr.  Mason,  of  the  P.  E.  Church. 

The  journal  of  yesterday  ■was  read  and  approved. 

On  motion  of  Mr.  Fcrebcc,  leave  of  absence  for  an  indefinite 
timo  Tvas  granted  to  Mr.  Spruill,  of  Tyrrell. 

Mr.  Dick  presented  a  petition  from  sundry  citizens  of  Guilford 
County,  on  the  evils  growing  out  of  the  distillation  of  grain, 
which,  on  motion  of  Mr.  Holdcn,  was  ordered  to  lie  on  the  table. 

On  motion  of  Mr.  Ilolden,  leave  of  absence  for  tAvo  days  was 
iiranted  to  Mr.  Battle,  of  Wake. 

On  motion  of  Mr.  Bunting,  leave  of  absence  for  two  days  from 
and  after  to-day,  was  granted  to  Mr.  Cunningham. 

On  motion  of  Mr.  Gorrell,  the  President  was  authorized  to  jfill 
the  vacancy  in  the  committee  on  the  rights  of  foreigners  and 
schools,  caused  by  the  resignation  of  Mr.  Patterson. 

The  President  appointed  Mr.  Douthitt. 

Mr.  Calloway  introduced  an  ordinance  to  secure  equal  and 
just  taxation,  which  passed  its  first  reading  and  was  ordered  for 
consideration  when  the  report  of  the  legislative  committee  shall 
be  taken  up. 

Mr.  Woodfin  introduced  a  resolution  declaring  the  sense  of  the 
Convention  that  the  Governor  should  issue  bonds  to  the  Western 
North  Carolina  Railroad,  in  compliance  with  the  provisions  bf  the 
charter. 

Mr.  Wilson,  from  the  committee  on  Justices  of  the  Peace, 
reported  an  ordinance  to  amend  the  Constitution  in  relation  to 
that  subject,  which  passed  the  first  reading. 

Mr.  Graham  offered  the  following : 


1862.]  STATE  CONVENTION.  35 

Resolved,  That  His  Excellency,  the  Governor,  be  requested 
to  inform  this  Convention  what  number  of  troops  called  into 
service  for  the  public  defence  from  this  State,  cither  State  troops, 
volunteers  or  militia,  aro  paid,  supported  or  supplied,  in  whole 
or  in  part,  from  the  Treasury  of  this  State ;  also,  whether  any 
regulation  has  been  adopted,  or  arrangement  entered  into  be- 
tween the  authorities  of  this  State  and  those  of  the  Confederate 
States,  by  which  all  or  any  of  said  troops  arc  transferred  to 
said  Confederate  States,  to  be  paicf,  supported  and  supplied  at  the 
expense  of  said  Confederate  States,  whenever  organized  into 
regiments,  battalions  or  companies,  or  at  any  other  stage  of 
preparation  for  service.  And  if  not,  whether  any  correspon- 
dence has  been  had  with  the  Confederate  authorities  in  relation 
such  transfer,  supply  and  support  of  North  Carolina  troops 
called  into  service,  and  if  so,  that  he  communicate  the  same  to 
this  Convention. 

On  his  motion,  the  rules  were  suspended,  and  the  resolution 
was  adopted. 

Mr.  Strong,  of  Wayne,  from  the  committee  on  Enrollments, 
reported  as  correctly  enrolled  the  ordinance  to  authorize  the 
Treasurer  to  issue  Treasury  notes,  and  the  same  was  duly  ratified. 

Mr.  Leak,  of  Richmond,  ojBfered  the  following: 

Mesolved,  That  this  Convention,  when  it  adjourns,  shall  ad- 
journ over  during  the  present  war,  subject,  however,  to  be  con- 
voked by  the  President  when  so  requested  by  any delegates ; 

and  in  case  of  his  death  or  inability,  subject  to  the  call  of  the 
Principal  Secretary,  when  a  similar  request  shall  be  made. 

He  moved  to  suspend  the  rules  so  that  the  resolution  may  be 
now  considered,  and  it  was  not  agreed  to. 

Mr.  Durham  introduced  an  ordinance  regulating  the  salaries 
of  the  Judges,  which  passed  the  first  reading. 

Mr.  Gorrell  moved  certain  amendments  to  the  rules,  which 
were  read  and  laid  over  one  day. 

The  unfinished  business  of  yesterday  was  taken  up,  the  pend- 
ing question  being  on  the  amendment  offered  by  Mr.  Brown. 
After  considerable  debate,  the  vote  was  taken  and  resulted  in 
the  negative,  as  follows : 


36  JOURNAL  OF  THE  [3d  Session, 

Ayes — Messrs.  Battle  of  Edgecombe,  Berry,  Brown,  Bunting, 
Cunningham,  Dardcn,  Edwards,  Graham,  Green,  Hargrove, 
Holmes,  Howard,  Kelly,  Mebane,  llayner,  Rhodes,  Royster, 
Strange,  Strong  of  Wayne,  Sutherland,  Thornton,  Turner, 
Washington  and  Wooten — 24. 

Noes — Messrs.  Allison,  Armfield,  Arrington,  Atkinson,  Bad- 
ger, Bagley,  Batchelor,  Bond,  Bryson,  Calloway,  Cannon, 
Christian,  Dick,  Douthitt,  Durham,  Eller,  Ellison,  Ferebee,  Fos- 
ter of  Ashe,  Foster  of  Randolph,  Fuller,  Gilmer,  Gorrell,  Green- 
lee, Hamlin,  Hearne,  Headen,  Hicks,  Plolden,  Johnston,  Jones 
of  Caldwell,  Jones  of  Currituck,  Jones  of  Rowan,  Kittrell,  Leak 
of  Richmond,  Mann,  McDowell  of  Burke,  McDowell  of  Madison, 
McDuflie,  McNeill  of  Cumberland,  Merritt,  Michal,  Miller, 
IMitchell,  Osborne,  Penland,  Phifer,  Reid,  Ruffin,  Schcnck,  Sct- 
zer,  Shipp,  Smith  of  Macon,  Sprouse,  Starbuck,  Thomas  of 
Jackson,  Wilson  and  Woodfin — 58. 

Mr.  Mebane  then  offered  the  following  amendment  to  the  first 
section,  "  and  in  constructing  said  road,  the  company  hereby 
created,  may  fix  the  terminus  thereof  at  Lexington  or  any  other 
point  on  the  North  Carolina  Railroad,  not  exceeding  one  mile 
east  of  Haw  River,"  and  it  was  not  agreed  to. 

Mr.  Starbuck  moved  the  following  amendment ;  Add  to  sec- 
tion first  the  words,  "beginning  at  Danville,  Va.,  running  thence 
by  way  of  Leaksville,  Madison,  Germanton,  Winston  and  Salem, 
to  Lexington,  on  the  N.  C.  Railroad." 

Pending  the  consideration  of  this  amendment,  a  message  was 
received  from  His  Excellency,  the  Governor,  in  reply  to  certain 
inquiries  of  the  Convention,  which,  on  motion,  was  ordered  to 
be  printed. 

And,  then,  on  motion  of  Mr.  Meares,  the  Convention  adjourned. 


IN  CONVENTION,  Wednesday,  February  5,  1862. 
The  President  took  the  Chair  and  called  the  Convention  to 
order. 

The  journal  of  yesterday  was  read  and  approved. 


X 


1862.]  STATE   CONVENTION.  37 

Mr.  Hicks  presented  a  petition  from  citizens  of  Haywood 
County,  praying  that  a  Court  of  Oyer  and  Terminer  be  held  for 
the  trial  of  certain  persons  in  that  county,  charged  with  grave 
criminal  offenses,  which,  on  his  motion,  was  referred  to  a  select 
committee. 

On  motion  of  Mr.  Headen,  the  messages  from  the  Governor 
on  yesterday  were  read  for  information,  whereupon  one  of  said 
messages  was,  on  his  motion,  referred  to  a  select  committee ; 
and  on  motion  of  Mr.  Ferehee,  the  other  was  referred  to  the 
committee  on  the  Confederate  Tax. 

Mr.  Thomas,  of  Jackson,  introduced  an  ordinance  to  authorize 
the  Jacksonville  and  Dalton  Railroad  Company  to  connect  their 
road  with  the  railroad  system  of  this  State,  which  passed  its 
first  reading. 

Mr.  Mebane  introduced  an  ordinance  to  provide  for  the  elec- 
tion of  Governor  and  members  of  the  General  Assembly,  which 
passed  its  first  reading. 

On  motion  of  Mr.  Ellison,  the  ordinance  to  incorporate  the 
Washington  And  Tarboro  Railroad  Company,  was  taken  up  and 
read  the  second  time. 

The  question  being  on  its  passage  on  the  second  reading,  the 
ayes  and  noes  were  ordered,  on  motion  of  Mr.  Schenck,  and 
resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Allison,  Armfield,  Arrington,  Atkinson, 
Badger,  Baglcy,  Battle  of  Wake,  Berry,  Bogle,  Bond,  Bryson, 
Caldwell,  Calloway,  Cannon,  Dick,  Douthitt,  Durham,  Eller, 
Ellison,  Ferebee,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer, 
Gorrell,  Graham,  Hamlin,  Hearne,  Headen,  Hicks,  Holden, 
Johnston,  Jones  of  Caldwell,  Jones  of  Rowan,  Kittrell,  Leak  of 
Richmond,  Mann,  McDowell  of  Burke,  McDuffie,  Mebane, 
Merritt,  Miller,  Mitchell,  Myers,  Osborne,  Penland,  Reid,  Ruflin, 
Setzer,  Shipp,  Smith  of  Macon,  Sprouse,  Starbuck,  Thomas  of 
Jackson,  and  Wilson — 54. 

Noes — Messrs.  Batchelor,  Battle  of  Edgecombe,  Brown, 
Bunting,  Darden,  Dickson,  Edwards,  Fuller,  Greenlee,  Har- 
grove, Holmes,  Howard,  Kelly,  Lyon,  Meares,  Michal,  Rhodes, 
Royster,  Sanders,  Schenck,  Smith  of  Johnston,  Strange,  Strong 


38  JOURNAL  OF  THE  [3d  Session, 

of  Wayne,  Sutherland,  Thornton,  Turner,  Woodfin  and  Woo- 
ten— 28. 

On  motion  of  Mr.  Ellison,  the  rules  were  suspended,  the 
ordinance  read  the  third  time  and  passed,  and  ordered  to  be 
enrolled. 

The  President  announced  the  following  committees : 

On  the  memorial  presented  hj  Mr.  Hicks — Messrs.  Hicks, 
Woodfin,  Berry,  Setzer  and  Shipp. 

On  the  Governor  s  Message — Messrs.  Gilmer,  Williamson, 
Arrington,  McNeill  of  Harnett,  and  Holden. 

The  unfinished  of  yesterday — the  Piedmont  Railroad  char- 
ter— was  taken  up,  the  question  being  on  the  amendment  offered 
by  Mr.  Starbuck.  The  question  was  put,  and  the  amendment 
was  not  agreed  to. 

Mr.  Gilmer  ofiered  a  substitute  for  the  second  section,  pro- 
viding for  Commissioners  to  receive  and  superintend  subscrip- 
tions, which  was  agreed  to. 

Mr.  Batchelor  moved  to  insert  the  word,  ''railroad,"  before 
the  words,  "corporate  bodies,"  in  the  24th  line  of  the  4th 
section,  and  it  was  agreed  to. 

Mr.  Ruffin  moved  the  following  proviso  to  the  8th  section : 
"Provided  that  at  such  elections  no  stockholder  shall  be  enti- 
tled to  cast  more  than  two  hundred  votes,"  which  was  agreed  to. 

Mr.  Badger  moved  to  strike  out  of  the  8th  section  the  words, 
"being  citizens  of  the  Confederate  States,"  and  insert  the 
words,  "not  being  alien  enemies,"  and  it  Avas  agreed  to. 

Mr.  Strange  moved  to  strike  out  sections  33,  34  and  35,  on 
which  motion  the  ayes  and  noes  were  ordered,  and  resulted  in 
the  negative,  as  follows  : 

Ayes — Messrs.  Arrington,  Bagley,  Batchelor,  Battle  of 
Edgecombe,  Berry,  Bunting  Darden,  Dickson,  Durham,  Ed- 
wards, Foy,  Graham,  Hargrove,  Holmes,  Howard,  Jones  of 
Currituck,  Kelly,  Leak  of  Richmond,  Lyon,  McDuflio,  McNeill 
of  Cumberland,  Mcbane,  Merritt,  Osborne,  Rayner,  Rhodes, 
Royster,  Sanders,  Strange,  Strong  of  Wayne,  Thomas  of  Jack- 
son, Thornton  and  Wooten — 83. 


^. 


1862.]^  STATE  CONVENTION.  89 

Noes — Messrs.  Allison,  Armfield,  Atkinson,  Badger,  Bogle, 
Brown,  firyson,  Caldwell,  Calloway,  Cannon,  Christian,  Dick, 
Douthitt,  Eller,  Ellison,  Ferebee,  Foster  of  Ashe,  Foster  of 
Randolph,  Gilmer,  Gorrell,  Hamlin,  Hearne,  Headen,  Hicks, 
Johnston,  Jones  of  Caldwell,  Jones  of  Rowan,  Kittrell,  Mann, 
McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of  Har- 
nett, Michal,  Miller,  Mitchell,  Penland,  Phifer,  Reid,  Ruffin, 
Schenck,  Sctzer,  Smith  of  Johnston,  Smith  of  Macon,  Sprouse, 
Starbuck,  Turner,  Walton,  Williamson,  Wilson  and  Woodfin — 50. 

Before  the  last  vote  was  taken,  Mr.  Myers  asked  and  obtained 
leave  not  to  vote  on  all  the  proposed  amendments  to  the  ordi- 
nance. 

Mr.  Batchelor  moved  an  adjournment,  and  it  was  not  agreed  to. 

Mr.  Foy  offered  the  following  amendment  to  the  ordinance  : 

Be  it  further  ordained,  That  the  right  is  reserved  to  this 
tate  to  purchase,  at  any  time  after  the  present  war,  from  said 
corporation,  at  the  pleasure  of  the  General  Assembly,  so  much 
of  the  said  road  as  is  situated  in  North  Carolina,  and  all  the 
fixtures,  engines,  rolling  stock,  and  all  the  other  property 
belonging  to  said  corporation,  at  a  fair  valuation,  payable  in 
equal  proportions,  payable  in  one,  two,  three,  four,  and  five 
years,  for  which  stock  of  this  State,  payable  at  the  periods  afore- 
said, and  bearing  interest  at  the  rate  of  six  per  cent.,  payable 
semi-annually  at  the  public  treasury,  shall  be  issued  ;  and  such 
valuation  shall  be  made  by  two  persons  chosen  by  the  General 
Assembly,  and  two  other  persons  chosen  by  the  President  and 
Directors  of  said  Corporation,  and  by  one  other  person  chosen 
by  the  four  persons  last  named,  and  the  valuation  thus  made 
shall  be  conclusive  on  all  the  parties  aforesaid. 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Foy,  and  resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Batchelor,  Battle  of  Edgecombe,  Brown, 
Bunting,  Darden,  Dickson,  Edwards,  Foy,  Hargrove,  Holmes, 
Howard,  Kelly,  Leak  of  Richmond,  Lyon,  Moseley,  Rhodes, 
Royster,  Strange,  Strong  of  Wayne,  Sutherland,  Thomas  of 
Jackson,  Thornton,  Williamson  and  Wooten — 24. 
41 


40  JOURNAL  OF  THE  [3d  Session, 

Noes — Messrs.  Allison,  Armfield,  Arrington,  Atkinson, 
Badger,  Bagley,  Berry,  Bogle,  Bond,  Bryson,  Caldwell,  Callo- 
way, Cannon,  Christian,  Dick,  Douthitt,  Durham,  Eller,  Ellison, 
Ferebee,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell, 
Hamlin,  Hcarnc,  Hcaden,  Hicks,  Holden,  Houston,  Johnston, 
Jones  of  Caldwell,  Jones  of  Currituck,  Jones  of  Rowan,  Kit- 
trell,  McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of 
Harnett,  Mebane,  Merritt,  Michal,  Miller,  Mitchell,  Osborne, 
Penland,  Phifer,  Reid,  Ruffin,  Sanders,  Schenck,  Setzer,  Shipp, 
Smith  of  Johnston,  Smith  of  Macon,  Sprouse,  Starbuck,  Turner, 
Wilson  and  Woodfin — 59. 

Mr.  Jones,  of  Rowan,  moved  that  the  Convention  do  now 
adjourn,  and  it  was  not  agreed  to. 

Mr.  Brown  offered  the  following  amendment : 

Be  it  further  ordained,  That  at  the  termination  of  the  exist- 
ing war  between  the  United  States  and  the  Confederate  States, 
all  the  rights,  franchises  and  authority  acquired  under  this 
charter  by  the  Confederate  States,  shall  cease  and  determine, 
and  the  same  shall  revert  to  the  State  of  North  Carolina. 

Mr.  Howard  moved  that  the  Convention  do  now  adjourn,  and' 
it  was  not  agreed  to. 

The  question  was  then  put  on  the  amendment  of  Mr.  Brown, 
and  it  was  not  agreed  to. 

Mr.  Badger  offered  the  following  : 

Be  it  further  ordained,  That  the  corporate  franchises  and 
privileges  hereby  granted  shall  cease  and  determine  at  the  expi- 
ration of  ninety-nine  years  from  the  day  of  the  passage  of  this 
ordinance. 

Mr.  Foy  moved  to  amend  the  amendment  by  striking  out 
"ninety-nine,"  and  inserting  "  thirty,"  which  was  not  agreed  to. 

The  amendment  of  Mr.  Badger  was  then  agreed  to. 

Then,  on  motion  of  Mr.  Badger,  the  Convention  adjourned. 


1862.]  STATE   CONVENTION.  41 

IN  CONVENTION,  Thursday,  February  6,  1862. 
The  President  took  the  Chair  and  called  the  Convention  to 
order.     Prayer  by  Rev.  John  S.  Long,  of  the  M.  E.  Church. 
The  journal  of  yesterday  wag  read  and  approved. 
Mr.  Strong  presented  a  petition  from  one  hundred  and  fifty 
ladies  of  Wilson  County,  asking  the  intervention  of  this  body 
in  the  ruinous  effects  of  the  distillation  of  ardent  spirits,  which 
was  ordered  to  be  filed  with  the  other  papers  on  that  subject. 

Mr.  Meares  presented  a  petition  from  citizens  of  Smithville 
and  oflficers  of  the  20th  Regiment  N.  C.  Volunteers,  on  the 
same  subject,  which,  on  his  motion,  was  referred  to  a  select 
committee. 

The  President  appointed  the  following:  Messrs.  Meares, 
Graham,  Strange,  Osborne  and  Brown. 

Mr.  Darden  introduced  an  ordinance  on  the  subject  of  distil- 
leries, which  passed  its  first  reading. 

On  motion  of  Mr.  Walton,  his  resolution,  heretofore  intro- 
duced, asking  a  definition  of  certain  words  in  the  militia  laws, 
was  now  taken  up  and  agreed  to. 
Mr.  Osborne  off"ered  the  following: 

Resolved,  That  in  the  opinion  of  this  Convention,  it  is  of  the 
highest  importance  to  the  interests  of  the  Confederate  States 
that  the  mints  situated  within  their  limits  should  be  placed  in 
operation  at  the  earliest  practicable  moment;  and  that  our 
Senators  and  Representatives  in  Congress  be  requested  to  use 
their  best  exertions  to  attain  this  object. 

On  motion  of  Mr.  Graham,  the  rules  were  suspended,  and 
the  resolution  was  agreed  to. 

Mr.  Howard,  from  the  Executive  Committee,  reported  an 
ordinance  to  amend  the  Constitution  in  relation  to  the  Execu- 
tive Department,  which  passed  its  first  reading. 

Mr.  Batchelor's  resolution  in  relation  to  the  taxation  of 
slaves,  was  taken  up  and  agreed  to. 

Mr.  Rayner's  resolution  in  regard  to  the  course  of  the  Banks 
with  regard  to  Treasury  notes,  was  taken  up  and  agreed  to. 


42  JOURNAL  OF  THE  [3d  Session, 

Mr.  McDuffie's  resolution,  asking  information  of  the  Adju- 
tant General  in  regard  to  United  States  army  officers,  natives 
of  this  State,  was  then  taken  up  and  modified,  by  striking  out 
the  latter  clause,  and,  on  motion,  was  referred  to  a  committee 
on  a  similar  subject,  raised  under  a  resolution  of  Mr.  Rayner. 

The  unfinished  business  of  yesterday — the  Piedmont  Railroad 
charter — was  then  called  for,  when  Mr.  Leak,  of  Richmond, 
moved  to  postpone  the  same,  in  order  to  consider  a  resolution 
offered  by  him  in  relation  to  the  adjournment  of  this  Convention, 
on  which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Jones,  of  Currituck,  and  resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Arrington,  Bagley,  Battle  of  Edgecombe, 
Bunting,  Caldwell,  Dardcn,  Dickson,  Foy,  Fuller,  Hargrove, 
Holmes,  Howard,  Johnston,  Jones  of  Currituck,  Kelly,  Leak  of 
Richmond,  Lyon,  McDuffie,  McNeill  of  Cumberland,  McNeill  of 
Harnett,  Miller,  Moseley,  Rhodes,  Royster,  Sanders,  Setzer, 
Strange,  Strong  of  Wayne,  Sutherland,  Thompson,  Thornton, 
Walton,  Washington  and  Wooten — 35. 

Noes — Messrs.  Allison,  Armfield,  Badger,  Barnes,  Batchelor, 
Battle  of  Wake,  Berry,  Bogle,  Bond,  Brown,  Calloway,  Cannon, 
Dick,  Douthitt,  Durham,  Eller,  Ellison,  Ferebee,  Foster  of  Ashe, 
Gilmer,  Gorrell,  Graham,  Greenlee,  Hamlin,  Hearne,  Headen, 
Hicks,  Holden,  Houston,  Jones  of  Caldwell,  Jones  of  Rowan, 
Joyce,  Kittrell,  Long,  Mann,  McDowell  of  Burke,  McDowell  of 
Madison,  Meares,  Merritt,  Michal,  Mitchell,  Myers,  Osborne, 
Penland,  Phifer,  Reid,  Ruffin,  Schenck,  Shipp,  Smith  of  Hali- 
fax, Smith  of  Johnston,  Smith  of  Macon,  Sprouse,  Starbuck, 
Strong  of  Mecklenburg,  Thomas  of  Jackson,  Turner,  Warren, 
Williamson,  Wilson  and  Woodfin — 61. 

Mr.  Howard  moved  to  postpone  in  order  to  allow  him  to  intro- 
duce an  ordinance  to  authorize  the  Governor  to  accept  and 
organize  an  additional  regiment  of  artillery.  On  this  question 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Howard,  and 
resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Arrington,  Atkinson,  Bagley,  Barnes,  Batch- 
elor, Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Bond, 
Bunting,  Caldwell,  Darden,  Dickson,  Durham,  Foy,   Fuller, 


1862.]  STATE   CONVENTION.  43 

Hargrove,  Holmes,  Houston,  Howard,  Johnston,  Jones  of  Cur- 
rituck, Kelly,  Leak  of  Richmond,  Lyon,  McDowell  of  Madison, 
McDuffie,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares, 
Moseley,  Oabornc,  Rhodes,  Royster,  Sanders,  Smith  of  Halifax, 
Smith  of  Johnston,  Strange,  Strong  of  Mecklenburg,  Strong 
of  Wayne,  Sutherland,  Thomas  of  Jackson,  Thompson,  Thorn- 
ton, Walton,  Washington  and  Wooten — 47. 

Noes — Messrs.  Allison,  Armficld,  Badger,  Bogle,  Brown, 
Calloway,  Cannon,  Christian,  Dick,  Douthitt,  Eller,  Ellison, 
Forebec,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell, 
Graliam,  Hamlin,  Hearne,  Headen,  Hicks,  Holdcn,  Jones  of 
Caldwell,  Jones  of  Rowan,  Joyce,  Kittrell,  Long,  Mann,  Mc- 
Dowell of  Burke,  Mebane,  Merritt,  Miclial,  Miller,  Mitchell, 
Myers,  Pculand,  Phifer,  Rcid,  Ruffin,  Schenck,  Setzer,  Shipp, 
Smith  of  Macon,  Speed,  Sprouse,  Starbuck,  Warren,  Wilson 
and  Woodfin — 50. 

By  consent,  Mr.  Hicks,  from  the  committee  on  the  petition 
from  citizens  of  Haywood  County,  reported  an  ordinance  to 
establish  a  Court  of  Oyer  and  Terminer,  which  passed  its  first 
reading. 

The  Convention  then  proceeded  to  the  consideration  of  the 
unfinished  business  of  yesterday,  the  question  being  on  the 
passage  of  the  ordinance  on  its  second  reading. 

Mr.  Graham  moved  to  amend  by  striking  out  the  names  of 
W.  A.  Graham  and  John  Berry,  in  the  second  section,  and 
inserting  the  names  of  W.  F.  Strayhorn  and  J.  C.  Turrentine, 
and  it  was  agreed  to. 

The  ordinance  then  passed  the  second  reading. 

Mr.  Gilmer  moved  to  suspend  the  rales  and  put  the  ordinance 
on  its  third  reading  to-day,  on  which  motion  the  ayes  and  noes 
were  ordered,  on  motion  of  Mr.  Howard,  and  resulted  in  the 
afiirmative,  as  follows : 

Ayes — Messrs.  Allison,  Armfield,  Arrington,  Atkinson,  Bad- 
ger, Bagley,  Barnes,  Batchelor,  Bogle,  Bond,  Brown,  Caldwell, 
Calloway,  Christian,  Dick,  Douthitt,  Durham,  Eller,  Ellison, 
Ferebee,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell, 
Greenlee,  Hamlin,  Hearne,  Headen,  Hicks,  Holden,  Houston, 


44  JOURNAL  OF  THE  [3d  Session, 

Johnston,  Jones  of  Caldwell,  Jones  of  Currituck,  Jones  of 
Rowan,  Joyce,  Kittrell,  Leak  of  Richmond,  Long,  Mann,  Mc- 
Dowell of  Burke,  McDowell  of  Madison,  McDuffie,  McNeill  of 
Cumberland,  McNeill  of  Harnett,  Mebane,  Michal,  Miller, 
Mitchell,  Myers,  Osborne,  Penland,  Phifer,  Reid,  Ruffin, 
Schenck,  Setzer,  Shipp,  Smith  of  Macon,  Sprouse,  Starbuck, 
Strong  of  Mecklenburg,  Thomas  of  Jackson,  Turner,  Walton, 
Warren,  Williamson,  Wilson  and  Woodfin — 70. 

Noes — Messrs.  Battle  of  Edgecombe,  Berry,  Bunting,  Can- 
non, Darden,  Dickson,  Foy,  Fuller,  Graham,  Hargrove,  Holmes, 
Howard,  Kelly,  Lyon,  Meares,  Merritt,  Moseley,  Rayner, 
Rhodes,  Royster,  Smith  of  Halifax,  Speed,  Strange,  Strong  of 
Wayne,  Sutherland,  Thompson,  Thornton,  Washington  and 
Wooten— 30. 

Two-thirds  voting  in  the  affirmative,  the  ordinance  was  read 
the  third  time. 

Mr.  Ruffin  moved  to  amend  the  28d  section  by  striking  out 
all  after  the  word  "situated,"  in  the  8th  line,  down  to  the  word 
"provided,"  in  the  20th  line,  and  it  was  agreed  to. 

Mr.  Thomas,  of  Jackson,  moved  to  amend  as  follows : — add 
to  the  18th  line,  in  the  13th  section,  as  follows  :  Provided,  the 
Company  formed  under  this  charter  shall  have  no  power  to 
discriminate  in  either  freight  or  travel  against  the  North  Caro- 
lina Railroad  or  Roads  in  North  Carolina  connected  with  it ; 
and  it  was  agreed  to. 

Mr.  Thomas,  of  Jackson,  also  offered  the  following  : — Add  to 
the  last  of  the  12th  line  of  the  3l3t  section,  after  the  word 
"Road,"  as  follows:  and  the  said  road  with  its  branches 
authorized  to  be  constructed  under*  this  charter  shall  be  of  the 
same  guage  as  the  North  Carolina  Railroad ;  and  the  North 
Carolina  Railroad  Company  shall  have  the  right  to  construct  a 
branch  of  their  road  from  Hillsboro',  or  some  other  point,  to 
Danville,  or  to  the  Virginia  and  Tennessee  Road. 

Mr.  Gorrell  moved  to  strike  out  the  latter  clause  of  the 
amendment  and  insert  in  lieu  thereof  the  following : — That  full 
right  and  privilege  is  hereby  reserved  to  the  State,  or  to  any 
company  hereafter  to  be  incorporated  under  the  authority  of 


1862.]  STATE  CONVENTION.  45 

this  State,  to  connect  with  the  road  hereby  j^ovided  for,  or  any 
other  railroad  leading  therefrom,  to  any  part  or  parts  of  this 
State ;  Provided,  that  in  forming  such  connection,  no  injury 
shall  be  done  to  the  works  of  the  Company  hereby  incorporated. 

At  the  suggestion  of  several  members,  he  withdrew  his 
amendment,  whereupon, 

Mr.  Thomas,  of  Jackson,  moved  to  strike  out  of  his  amend- 
ment all  after  the  word  "Danville,"  and  it  was  agreed  to. 

He  also  moved  to  strike  out  the  words,  "or  other  points," 
which  was  agreed  to.  He  moved  then  to  amend  further  by 
inserting  the  words,  "or  near,"  before  the  word,  "Danville," 
which  was  also  agreed  to. 

Mr.  Badger  then  moved  to  amend  the  33d  section,  by  striking 
out  the  words,  "one  or  more  of  the  Confederate  States  of 
America;"  also,  to  insert,  after  the  word  solvent,  the  words 
"Railroad,"  also,  to  add  the  word  "and"  before  the  word, 
"also,"  and  to  strike  out  the  words,  " shall  have  power  and 
authority,"  and  insert  in  lieu  thereof  the  words,  "  may  subscribe 
for ;"  which  several  amendments  were  agreed  to. 

Mr.  Osborne  moved  to  amend  by  striking  out  of  the  13th 
line,  the  words,  "  and  States  in  said  Confederate  States,"  which 
was  agreed  to. 

Mr.  Badger  moved  to  amend  the  34th  section  by  striking  out 
the  words,  "the  said  States,"  which  was  agreed  to. 

Mr.  Ruffin  moved  to  amend  by  striking  out  the  amendments 
heretofore  agreed  to  on  his  motion  providing  for  a  limitation  in 
the  number  of  votes  by  each  stockholder,  and  inserting  in  lieu 
thereof  the  words,  "as  may  be,  hereafter  provided,"  and  it  was 
agreed  to. 

He  then  moved  to  add  the  words  just  stricken  out,  to  the  35th 
section,  and  it  was  agreed  to. 

Mr.  Howard  now  renewed  the  amendment  which  Mr.  Gorrell 
withdrew,  and  the  amendment  was  agreed  to. 

He  also  moved  to  amend  the  35th  section  by  adding :  "Pro- 
vided that  a  majority  of  directors  of  said  company  shall  be 
citizens  of  North  Carolina,"  and  it  was  not  agreed  to. 


46  JOURNAL  OF  THE  [3d  Session, 

The  question  men  recurred  upon  the  final  passage  of  the 
ordinance,  on  which  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Thornton,  and  resulted  in  the  affirmative,  as  follows:  *  ' 
'  Ayes — Messrs.  Allison,  Armfield,  Arrington,  Atkinson,  Bad- 
ger, Barnes,  Bogle,  Bryson,  Caldwell,  Calloway,  Christian, 
Dick,  Douthitt,  Durham,  Eller,  Ellison,  Foster  of  Ashe,  Foster 
of  Randolph,  Gilmer,  Gorrell,  Greenlee,  Hamlin,  Hearne, 
Headen,  Hicks,  Holden,  Houston,  Johnston,  Jones  of  Caldwell, 
Jones  of  Rowan,  Joyce,  Kittrell,  Leak  of  Richmond,  Long, 
McDowell  of  Burke,  McDowell  of  Madison,  McDuffie,  McNeill 
of  Cumberland,  McNeill  of  Harnett,  Michal,  Miller,  Mitchell, 
Myers,  Osborne,  Penland,  Phifer,  Reid,  Ruffin,  Schenck,  Set- 
zer,  Shipp,  Smith  of  Macon,  Sprouse,  Starbuck,  Strong  of 
Mecklenburg,  Thomas  of  Jackson,  Turner,  Warren,  William- 
son, Wilson  and  Woodfin — 61. 

Noes — Messrs.  Bagley,  Batchelor,  Berry,  Bond,  Bunting, 
Cannon,  Darden,  Dickson,  Edwards,  Foy,  Fuller,  Graham, 
Hargrove,  Holmes,  Howard,  Jones  of  Currituck,  Kelly,  Lyon, 
Mann,  Meares,  Merritt,  Moseley,  Rayner,  Rhodes,  Royster, 
Sanders,  Smith  of  Halifax,  Speed,  Strange,  Strong  of  AVayne, 
Sutherland,  Thompson,  Thornton,  Washington  and  Wooten — 35. 

Mr.  Badger  moved  to  reconsider  the  vote  just  taken,  and  it 
was  not  agreed  to. 

Then,  on  motion  of  Mr.  Batchelor,  the  Convention  adjourned. 


IN  CONVENTION,  Friday,  February  7,  1862. 

The  Convention  met,  the  President  in  the  Chair.  Prayer  by 
Rev.  Henry  Hardie,  of  the  Presbyterian  Church. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Schenck  presented  a  petition  from  citizens  of  Lincoln 
County,  in  relation  to  extortioners  and  distillers,  which,  on  his 
motion,  was  referred  to  the  committee  on  Distilleries. 

Mr.  Battle,  of  Wake,  from  the  committee  on  Enrollments, 
reported  the  Ordinance  to  incorporate  the  Washington  and 
Tarboro'  Railroad  Company  :  whereupon,  it  was  signed  by  the 
President  and  attested  by  the  Secretaries. 


1862.]  STATE  CONVENTION.  47 

Mr.  Jones,  of  Rowan,  offered  the  following,  which  lies  over 
one  day  : 
0    .  Resolved^  That  from  and  after  Wednesday,  11th  inst.,  no 
new  business  shall  be  introduced  into  the  Convention,  except 
amendments  to  matters  before  that  time  brought  forward. 

Mr.  Leak,  of  Richmond,  moved  to  take  up  for  consideration 
his  resolution  in  relation  to  the  adjournment.  On  this  question 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Darden,  and 
resulted  as  follows: 

Ayes — Messrs.  Arrington,  Atkinson,  Bagley,  Battle  of  Edge- 
combe, Bunting,  Caldwell,  Cunningham,  Darden,  Dickson, 
Durhnm,  Ellison,  Fuller,  Green,  Greenlee,  Hargrove,  Headen. 
Hicks,  Holmes,  Houston,  Howard,  Johnston,  Jones  of  Caldwell, 
Kelly,  Leak  of  Anson,  Leak  of  Richmond,  Lyon,  Mann,  Mc- 
Dowell of  Burke,  McDowell  of  Madison,  McDuffie,  McNeill  of 
Cumberland,  McNeill  of  Harnett,  Michal,  Miller,  Moseley, 
Rayncr,  Reid,  Rhodes,  Royster,  Sanders,  Schenck,  Setzer, 
Smith  of  Halifax,  Smith  of  Johnston,  Strange,  Strong  of  Meck- 
lenburg, Strong  of  Wayne,  Sutherland,  Thompson,  Thornton, 
Walton,  Washington,  Williams,  Williamson  and  Wooten — 55. 

Noes — Messrs.  Allison,  Armfield,  Badger,  Barnes,  Batchelor, 
Battle  of  Wake,  Bond,  Brodnax,  Bryson,  Calloway,  Cannon, 
Christian,  Dick,  Douthitt.Eller,  Ferebee,  Foster  of  Ashe,  Foster 
of  Randolph,  Gilmer,  Graham,  Hamlin,  Hearne,  Holden,  Jones 
of  Rowan,  Kittrell,  Long,  Meares,  Merritt,  Mitchell,  Osborne, 
Penland,  RufBn,  Shipp,  Smith  of  Macon,  Speed,  Starbuck, 
Thomas  of  Carteret,  Thomas  of  Jackson,  Turner,  Warren,  Wilson 
and  Woodfin — i3. 

Mr.  Smith,  of  Halifax,  offered  the  following  substitute 
therefor : 

Resolved,  That  a  committee  be  appointed  by  the  President 
to  take  into  consideration  the  necessary  business  to  be  acted  on 
by  this  Convention,  and  report  at  as  early  a  day  as  practicable 
for  the  adjournment  thereof. 

Mr.  Michal  moved  to  amend  the  substitute  as  follows :  Strike 
out  all  after  the  word  "resolved,"  and  insert,   "that  this  Con- 
vention will  adjourn  sine  die  on  or  before  the  21  st  instants" 
42 


48  JOURNAL  OF  THE  [3d  Session, 

Mr.  Bond  moved  that  the  whole  subject  lie  on  the  table.  Mr. 
Leak,  of  Richmond,  called  for  the  ayes  and  noes,  which  being 
ordered,  resulted  as  follows: 

Ayes — Messrs.  Allison,  Armficld,  Badger,  Barnes,  Batcho- 
lor.  Battle  of  Wake,  Berry,  Bond,  Brodnax,  Bryson,  Callo- 
way, Cannon,  Christian,  Dick,  Douthitt,  Eller,  Ellison,  Fere- 
bee,  Foster  of  Randolph,  Gilmer,  Graham,  Hamlin,  llearne, 
Holden,  Jones  of  Rowan,  Kelly,  Kittrell,  Long,  Mann,  Mc- 
Dowell of  Madison,  McNeill  of  Cumberland,  Meares,  Merritt, 
Mitchell,  Osborne,  Penland,  Ruffin,  Shipp,  Smith  of  Macon, 
Speed,  Starbuck,  Thomas  of  Carteret,  Thomas  of  Jackson, 
Turner,  Warren  and  Wilson — 46. 

Noes — Messrs.  Arrington,  Atkinson,  Bagley,  Battle  of  Edge- 
combe, Bunting,  Caldwell,  Cunningham,  Darden,  Dickson, 
Durham,  Foster  of  Ashe,  Fuller,  Green,  Greenlee,  Hargrove, 
Headen,  Hicks,  Holmes,  Howard,  Johnston,  Jones  of  Caldwell, 
Leak  of  Anson,  Leak  of  Richmond,  Lyon,  McDowell  of  Burke, 
McDuffie,  McNeill  of  Harnett,  Michal,  Miller,  Moseley,  Ray- 
ner,  Reid,  Rhodes,  Royster,  Sanders,  Schenck,  Setzer,  Smith 
of  Halifax,  Smith  of  Johnston,  Strange,  Strong  of  Mecklen- 
burg, Strong  of  Wayne,  Sutherland,  Walton,  Washington,  Wil- 
liams, Williamson,  Woodfin  and  Wooten — 51. 

Mr.  Badger  now  moved  that  the  subject  be  referred  to  a 
select  committee.  On  this  question  the  ayes  and  noes  were 
ordered,  on  motion  of  Mr.  Holmes,  and  resulted  as  follows: 

Ayes — Messrs.  Allison,  Armfield,  Arrington,  Atkinson,  Bad- 
ger, Barnes,  Batchelor,  Battle  of  Wake,  Berry,  Bond,  Brodnax, 
Bryson,  ColloAvay,  Cannon,  Christian,  Dick,  Douthitt,  Eller, 
Ellison,  Ferebee,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer, 
Graham,  Hamlin,  Hearne,  Headen,  Hicks,  Holden,  Jones  of 
Caldwell,  Jones  of  Rowan,  Kelly,  Long,  Mann,  McDowell  of 
Madison,  McDuffie,  McNeill  of  Cumberland,  McNeill  of  Har- 
nett, Merritt,  Mitchell,  Osborne,  Ruffin,  Shipp,  Smith  of  Hali- 
fax, Smith  of  Johnston,  Smith  of  Macon,  Speed,  Starbuck, 
Strong  of  Mecklenburg,  Thomas  of  Carteret,  Thomas  of  Jack- 
son, Turner,  Walton,  Warren,  Washington  and  Wilson — 56. 


V 


1862.]  STATE   CONVENTION.  49 

Noes — JNIessrs.  Baglcy,  Battle  of  Edgecombe,  Bunting,  Cald- 
well, Cunningham,  Darden,  Dickson,  Durham,  Fuller,  Green, 
Greenlee,  Hargrove,  Holmes,  Houston,  Howard,  Johnston,  Leak 
of  Anson,  Leak  of  Richmond,  Lyon,  McDowell  of  Burke,  Mi- 
clial,  Miller,  Moseley,  Penland,  Rayner,  Rcid,  Rhodes,  Roystcr, 
Sanders,  Schenck,  Setzer,  Strange,  Strong  of  "VYayno,  Suther- 
land, Thompson,  Thornton,  "Williams,  Williamson,  Woodfin  and 
Wooten — 40. 

Mr.  Ferebeo,  from  the  committee  on  Military  Affairs,  reported 
an  ordinance  to  provide  for  the  payment  of  bounty  to  the  North 
Carolina  Volunteers  in  service,  which  passed  its  first  reading. 

The  President  announced  the  following  Committee  on  the 
resolution  of  Mr.  Walton :  Messrs.  Walton,  Barnes,  Graham, 
Sanders,  and  Strong  of  Mecklenburg. 

On  motion  of  Mr.  Smith  of  Halifax,  leave  of  absence  for 
three  days,  was  granted  to  Mr.  Foy ;  and,  on  motion  of  Mr. 
Ferebee,  leave  of  absence  from  and  after  to-day,  to  Mr.  Joties, 
of  Currituck. 

Mr.  Armfield,  from  the  committee  on  Distilleries,  made  an 
adverse  report  on  the  several  subjects  referred  to  it.  He  also 
informed  the  Convention  that  ho  would  present  a  minority  report. 
Mr.  Rayner  offered  the  following  resolution ; 
Resolved^  That  the  Public  Treasurer^  bo  requested  to  invite 
the  Presidents  of  the  several  Banks  in  this  State  to  convene  in 
this  City,  at  an  early  day,  for  the  purpose  of  consultation  in 
regard  to  the  course  to  be  pursued  by  said  Banks,  as  to  the 
Treasui-y  notes  issued  by  the  State. 

On  his  motion,  the  ruJes  were  suspended,  and  said  resolution 
considered  and  agreed  to. 

The  order  of  the  day  now  coming  up,  on  motion  of  Mr.  How- 
ard, the  same  was  postponed  until  to-morrow,  in  order  that  the 
Convention  might  proceed  to  consider  the  ordinance  to  raise  and 
organize  North  Carolina's  quota  of  Confederate  Troops ;  where- 
upon. 

On  motioa  of  Mr.  Osborne,  the  lobbies  and  galleries  were 
cleared,  and  the  Convention  proceeded  to  sit  with  closed  doors, 
and  so  continued  until  a  late  hour,  when  the  doors  were  opened. 


60  JOURNAL   OF  THE  [3d  Session, 

Mr.  Barnes  moved  that  leave  of  absence,  until  Monday  next, 
be  granted  to  Mr.  Mcarcs ;  which  was  agrco<l  to. 

Mr.  Badger  presented  an  order  denoting  the  nieUiod  of  pro- 
ceeding for  the  final  disposal  of  such  Constitutional  amendments 
as  may  be  agreed  to  by  the  Convention. 

And  then,  on  motion  of  Mr.  Badger,  the  Convention  adjourned. 


IN  CONVENTION,  Saturday,  February  8,  1862. 

The  Convention  met,  the  President  in  the  Chair.  Prayer  by 
Rev.  Mr.  FitzGerald,  of  the  P.  E.  Church. 

The  journal  of  yesterday  was  read  and  approved. 

The  President  announced  the  following  committee  on  the 
resolution  for  adjournment :  Messrs.  Smith  of  Halifax,  Leak  of 
Richmond,  Ruffin,  Woodfin  and  Brodnax. 

Mr.  Moseley  offered  the  following  : 

Resolved,  That  the  Convention  instructs  the  Paymaster  Gen- 
eral to  pay  the  officers  and  privates  of  the  companies  of  the  88th 
regiment,  North  Carolina  A'^olunteers,  from  the  time  said  compa- 
nies tendered  their  services  to  the  Governor  and  were  accepted 
by  him. 

On  his  motion,  the  rules  were  suspended  to  consider  the  reso- 
lution at  this  time. 

Mr.  Rayner  moved  to  refer  the  resolution  to  a  special  ooin- 
mittee ;  which  was  agreed  to,  and  the  President  appointed 
Messrs.  Gilmer,  Merritt,  Howard,  Moseley  and  Armfield. 

Mr.  Battle,  of  Wake,  from  the  committee  on  Enrollments, 
reported  as  correctly  enrolled,  the  Ordinance  to  incorporate  the 
Piedmont  Railroad  Company,  and  the  same  was  duly  ratified. 

Mr.  Rayner,  from  the  committee  on  Finance,  to  whom  was 
referred  an  ordinance  to  tax  spirituous  liquors,  distilled  from 
grain,  reported  the  same  back  with  amendments,  and  recom- 
mended its  passage. 

Also,  an  ordinance  to  increase  the  salaries  of  the  Treasurer, 
Comptroller  and  Secretary  of  State  ; 


1862.]  STATE   CONVENTION.  51 

And  unfavorably  on  the  resolution  in  relation  to  the  taxation 
of  slaves. 

Mr.  Holmes  introduced  an  ordinance  for  tlic  more  thorough 
organization  of  the  militia,  which  passed  the  first  reading,  and, 
on  his  motion,  was  referred  to  the  committee  on  Military  Affairs. 

On  motion  of  Mr.  Holden,  the  ordinance  heretofore  intro- 
duced by  him  to  amend  the  Constitution  in  relation  to  the  Uni- 
versity and  the  schools,  was  taken  up  and  referred  to  the  com- 
mittee on  the  rights  of  foreigners  and  on  schools. 

Mr.  Foster,  of  Ashe,  introduced  an  ordinance  in  relation  to 
certain  lands  in  Ashe  and  Wilkes  counties,  which  passed  the 
first  reading,  and,  on  motion  of  Mr.  Mitchell,  was  referred  to 
a  select  committee. 

Mr.  Schcnck,  from  the  committee  to  whom  was  referred  the 
ordinance  to  annul  the  iHh  section  of  the  charter  of  the  Cheraw 
and  Coalfields  Railroad  Company,  reported  the  same  back  to 
the  Convention,  and  recommended  that  it  do  not  pass. 

Mr.  Christian,  from  the  minority  of  the  same  committee,  pre- 
sented an  adverse  report,  recommending  the  passage  of  the 
ordinance. 

The  reports  were  ordered  to  be  printed  and  made  the  special 
order  for  Friday  next,  at  12  o'clock. 

The  special  order  was  now  called  for,  being  the  ordinance  in 
relation  to  North  Carolina's  (^uota  of  Confederate  troops. 

Mr.  Ellison  moved  to  postpone  the  same,  in  order  to  consider 
the  ordinance  relating  to  county  taxes,  on  which  the  ayes  and 
noes  were  ordered,  on  motion  of  Mr.  Badger,  and  resulted  in 
the  negative,  as  follows : 

Ayes — Messrs.  Allison,  Badger,  Bagley,  Batchelor,  Berry, 
Bryson,  Cannon,  Dardcn,  Dick,  Ellison,  Ferebee,  Graham, 
Hamlin,  Hargrove,  Holden,  Jones  of  Rowan,  Kelly,  Leak  of 
Anson,  Long,  Michal,  Royster,  Ruffin,  Shipp,  Smith  of  Halifax, 
Smith  of  Johnston,  Smith  of  Macon,  Starbuck,  Walton,  Warren 
and  Williams — 30. 

Noes — Messrs.  Arrington,  Atkinson,  Brodnax,  Bunting, 
Caldwell,  Calloway,  Christian,  Douthitt,  Durham,  Eller,  Foster 
of  Ashe,  Fuller,  Green,  Greenlee,  Hicks,   Holmes,   Johnston, 


52  JOURNAL   OF  THE  [3d  Sbbsion, 

Leak  of  Richmond,  McDowell  of  Burke,  McDowell  of  Madison, 
McDuffie,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Mitchell, 
Osborne,  Reid,  Rhodes,  Sanders,  Schenck,  Setzer,  Strange, 
Strong  of  Mockknburg,  Sutherland,  Thompson,  Thornton,  "Wil- 
liamson, Woodfin  and  Wooten — 38. 

Mr.  Batchclor  moved  that  the  Convention  sit  with  closed  doors^ 
on  which  a  quorum  did  not  vote. 

Mr.  Smith,  of  Johnston,  moved  a  call  of  the  House,  which 
was  agreed  to,  and  the  call  being  made,  it  appeared  that  there 
were  eighty-five  members  present.  This  being  a  ({uorum,  on 
motion,  further  proceedings  of  the  call  were  dispensed  with. 

The  question  recurring  on  the  motion  of  Mr.  Batchelor,  the 
ayes  and  noes  were  ordered  thereon,  on  motion  of  Mr.  Badger, 
and  resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Arrington,  Batchelor,  Bunting,  Caldwell,  Cal- 
loway, Darden,  Dickson,  Fuller,  Green,  Hargrove,  Holmes, 
Johnston,  Jones  of  Caldwell,  Kelly,  Leak  of  Anson,  McDowell 
of  Burke,  McDowell  of  Madison,  Mitchell,  Osborne,  Reid, 
Rhodes,  Royster,  Ruffin,  Setzer,  Starbuck,  Strange,  Strong  of 
Mecklenburg,  Sutherland,  Thomas  of  Carteret,  Thomas  of  Jack- 
son, Thompson,  Thornton,  Walton,  Williams,  Williamson  and 
Wooten— 36. 

NoKS — Messrs.  Allison,  Atkinson,  Badger,  Bagley,  Barnes, 
Berry,  Bond,  Brodnax,  Bryson,  Cannon,  Christian,  Dick, 
Douthitt,  Durham,  Eller,  Ellison,  Ferebee,  Foster  of  Ashe, 
Foster  of  Randolph,  Graham,  Greenlee,  Hamlin,  Hearne, 
Headen,  Hicks,  Holden,  Jones  of  RoAvan,  Leak  of  Richmond, 
Long,  Mann,  McDuffie,  McNeill  of  Cumberland,  McNeill  of  Har- 
nett, Michal,  Penlaud,  Sanders,  Smith  of  Halifax,  Smith  of 
Johnston,  Smith  of  Macon,  Speed,  Warren  and  Woodfin — i2. 

On  motion  of  Mr.  Graham,  the  further  consideration  of  the 
ordinance  Avas  postponed  until  Monday  next. 

On  motion  of  Mr.  Batchelor,  the  Convention  now  proceeded 
to  the  consideration  of  the  ordinance  relating  to  taxation  by  the 
County  Courts,  the  pending  question  being  on  the  substitute 
proposed  by  Mr.  Ellison. 


1862.]  STATE  CONVENTION.  63 

On  motion  of  Mr.  Mitchell,  tho  County  of  Iredell  was 
exempted  from  the  operation  of  the  ordinance  ;  also,  on  motion 
of  Messrs.  Calloway  and  Setzer,  their  respective  counties  were 
also  exempted. 

Mr.  Graham  moved  the  following  amendment — Add  to  the 
first  section  as  follows  :  Provided  that  in  counties  holding  regular 
terms  of  their  County  Courts,  in  said  month  of  May,  or  the 
first  Monday  in  June,  the  levy  hereby  required  shall  be  made  at 
such  regular  term.  Also,  to  strike  out  the  8th  section ;  and  the 
amendments  were  agreed  to. 

Mr.  Graham  also  moved  the  following — And  the  Secretary  of 
State  shall  cause  this  ordinance  to  be  published  in  ten  news- 
papers, printed  in  the  various  parts  of  the  State,  for  one  month 
successively  prior  to  the  first  day  of  May  next,  which  was  also 
•greed  to. 

The  motion  of  Mr.  Mitchell  was  now  reconsidered  and 
disagreed  to. 

The  substitute  of  Mr.  Ellison  as  amended  was  then  adopted. 

On  motion,  the  rules  were  suspended,  the  ordinance  passed 
the  third  and  last  reading  and  ordered  to  be  enrolled. 

Mr.  Rayner  oflfered  the  following  : 

Resolved,  That  the  Secretary  of  State  be  authorized  a»d 
directed  to  have  published  three  hundred  copies  of  the  ordinance 
just  passed,  and  send  one  copy  to  the  Sheriff,  Chairman  and 
Clerk  of  the  County  Court  of  each  County  of  the  State,  which 
was  adopted  under  a  suspension  of  tho  rules. 

Mr.  Howard,  from  the  select  committee,  to  whom  was  referred 
the  resolution  introduced  this  morning  by  Mr.  Moseley,  reported 
a  substitute  therefor,  and  recommended  its  passage. 

On  motion,  the  rules  were  suspended,  the  resolution  passed 
the  several  readings  and  ordered  to  be  enrolled. 

Mr.  Battle,  of  Wake,  from  the  committee  on  Enrollments, 
reported  as  correctly  enrolled  the  resolution  just  passed,  and  the 
same  was  duly  ratified. 

Mr.  Thomas,  of  Jackson,  moved  to  take  up  the  ordinance  to 
provide  for  Courts  of  Oyer  and  Terminer,  which  was  agreed  to. 


54  JOURNAL  OF  THE  [3d  Session, 

The  ordinance  was  read  the  second  time. 

Mr.  Badger  moved  to  lay  the  same  on  the  table. 

On  motion  of  Mr.  Mcrritt,  the  Convention  adjourned. 


IN  CONVENTION,  Monday,  February  10,  1SG2. 

At  the  usual  hour  the  Convention  met,  the  President  in  the 
chair.  Prayer  by  Rev.  J.  M.  Atkinson  of  the  Presbyterian 
Church. 

The  journal  of  Saturday  was  read,  amended,  on  motion  of 
Mr.  Graham,  and  approved. 

Mr.  Green  presented  the  credentials  of  A.  J.  Murrill,  dele- 
gate from  Onslow  county  to  fill  the  vacancy  created  by  the  resig- 
nation of  E.  W.  Ward,  who  thereupon  took  his  scat  in  the  Con- 
vention. •v^.M.'I^ 

The  President  announced  the  following  committee  : 

On  the  resolution  of  Mr.  Foster,  of  Ashe,  in  rer/ard  to  cer- 
tain lands  in  Ashe  and  Wilkes  counties — Messrs.  Foster  of 
Ashe,  ]\Iitchcll,  Bond,  jMurrill  and  Warren. 

On  motion  of  Mr.  Schenck,  leave  of  absence  was  granted  to 
Mr.  McDowell  of  Burke,  from  and  after  to-day,  and  on  motion  of 
Mr.  Holmes,  to  Mr.  Cunningham  for  three  days,  including  to-day. 

Mr.  Calloway  presented  a  petition  from  citizens  of  Wilkes 
county,  on  the  subject  of  the  distillation  of  liquors  from  grain, 
which  was,  on  his  motion,  filed  with  the  other  papers  on  that 
subj  cct. 

Mr.  Foster,  of  Ashe,  ofl'ered  the  following  : 

Resolved,  That  this  Convention  will  adjourn  sine  die  on  the 
23d  instant,  which  lies  over  one  day. 

Mr.  Ruflin  presented  a  memorial  from  the  President  and  Di- 
rectors of  the  Wilmington,  Charlotte  and  Rutherford  Railroad 
Company ;  and  an  ordinance  to  carry  out  the  prayer  of  the 
memorialist,  which  passed  its  first  readin(<l 

On  motion,  their  reference  was  made  to  a  select  committee. 

Mr.  Hicks  introduced  an  ordinance  to  authorize  the  holding 
of  a  court  of  Oyer  and  Terminer  in  Haywood  county,  which 


1862.]  STATE  CONVENTION.  55 

passed  its  first  reading.  On  his  motion,  the  rules  were  suspend- 
ed, and  the  ordinance  read  the  second  and  third  times,  and 
ordered  to  be  enrolled. 

Mr.  Battle,  of  Wake,  introduced  an  ordinance,  supplemental 
to  the  ordinance  passed  by  the  Convention,  in  relation  to  the 
Chatham  Railroad  Company,  which  passed  its  first  reading.  On 
his  motion,  the  rules  were  suspended,  and  the  ordinance  passed 
its  several  readings  and  was  ordered  to  be  enrolled. 

Mr.  Thomas,  of  Jackson,  offered  a  resolution  inquiring  into 
the  defences  of  the  Western  part  of  the  State  ;  which,  under  a 
suspension  of  the  rules,  was  referred,  on  motion,  to  a  select 
committee. 

The  President  announced  the  following  Committee  on  the 
memorial  of  the  Wilmington,  Charlotte  and  Hutherford  Railroad 
>  Company,  viz :   Messrs.    Reid,    Speed,   Warren,    Holmes   and 
Michal. 

Mr.  Fcrebee  moved  to  take  up  for  consideration  the  ordinance 
to  provide  for  bounty  to  the  North  Carolina  Volunteers,  which 
was  agreed  to. 

Mr.  Howard  moved  to  amend  as  follows :  at  the  end  of  the 
first  section,  add — Provided,  however,  that  the  officers  of  all 
VolunteerSj  directly  to  the  Confederate  States,  shall  make  such 
returns  as  the  Governor  may  require  ;  which  was  agreed  to. 

Also,  as  follows  :  Insert  between  the  words  "is"  and  "cre- 
ated," the  words,  "or  may  be";  and  strike  out  "South"  and 
insert  "Confederacy,"  which  was  agreed  to.  The  ordinance 
then  passed  its  second  and  third  readings,  and  was  ordered  to  be 
enrolled. 

The  following  committee  was  announced  on  the  resolution  of 
Mr.  Thomas,  of  "Jackson,  in  regard  to  the  defences  of  the 
Western  part  of  the  State,  viz :  Messrs.  Thomas  of  Jackson, 
Satterthwaite,  Penland,  Barnes  and  Setzer. 

On  motion  of  Mr.  Schenck,  the  lobbies  and  galleries  were 
cleared,  and  the  Convention  proceeded  to  sit  with  closed  doors. 
After  so  remaining  for  some  time,  the  doors  were  opened,  when 

Mr.  Badger  moved  to  suspend  the  rule  requiring  the  .Con- 
vention to  meet  at  4  o'clock  ;  which  was  agreed  to. 
43 


66  JOURNAL  OF  THE  [3d  Session, 

Mr.   Battle,   of  Wake,  from  the  committee  on  Enrollments, 

1/  reported  the  ordinance  to  provide  bounty  to  the  North  Carolina 

volunteers,  and  an  ordinance  to  provide  for  a  Court  of  Oyer  and 

Terminer  in  Haywood  County :  whereupon,  it  was  signed  by 

the  President  and  attested  by  the  Secretaries. 

On  motion  of  Mr.  Rulfin,  the  Convention  took  a  recess  until 
7  P.M. 

7  O'CLOCK,  p.  M. 
At  this  hour  the  Convention  re-assembled,  and  soon  thereafter 
the  lobbies  and  galleries  were  cleared  and  the  Convention  sat 
with  closed  doors ;  and  so  remained  until  the  hour  of  adjourn- 
ment. 


[IN  CONVENTION,  Tuesday,  February  11,  1862. 

The  President  called  the  Convention  to  order  at  the  usual 
hour.     Prayer  by  Rev.  Dr.  Mason,  of  the  1'.  E.  Church. 

The  journal  of  yesterday  was  read  ^nd  approved. 

Mr.  Thomas,  of  Carteret,  prcsonted  a  petition  from  sundry 
citizens  of  Yadkin  County  against  any  ac  fcion  on  the  part  of  the 
Convention  in  relation  to'the  consumption  of  corn  by  distilleries, 
which,  op  his  motion,  was  ordered  to  lie  on  the  table. 

Mr.  Williams,  from  the  committee  on  Free  Negroes,  reported 
an  ordinance  to  permit  free  negroes  to  enslave  themselves,  which 
passed  its  first  reading. 

Mr.  Warren  offered  a  resolution,  calling  for  information  from 
the  Adjutant  General.  On  his  motion,  the  rules  were  suspended, 
and  the  resolution  was  read  and  agreed  to. 

On  motion  of  Mr.  Graham,  leave  of  absence  for  the  remainder 
of  the  session  was  granted  to  Mr.  Ellcr,  delegate  from  Wilkes. 

On  motion  of  Mr.  S?iiith,  6f  Halifax,  similar  leave  was  granted 
to  Messrs.  Walton  and  Batchelor. 

On  motion  of  Mr.  Satterthwaitc,  the  Convention  proceeded  to 
sit  with  closed  doors,  and  so  continued  until  the  hour  of  recess. 


1862.]  STATE   CONVENTION.  57 

4  O'clock,  P.  M. 

The  Convention  ro-assembled. 

The  President  laid  before  the  Convention  a  communication 
from  the  Adjutant  General,  in  response  to  a  resolution  of  this 
morning,  which,  on  motion  of  Mr.  Warren,  was  ordered  to  be 
printed. 

On  motion,  the  Convention  proceeded  to  sit  with  closed  doors, 
and  so  continued  until  a  late  hour. 

The  doors  having  been  opened,  on  motion  of  Mr.  Leak,  of 
Richmond,  the  Convention  adjourned. 


IN  CONVENTION,  Wednesday,  February  12,  1862. 

The  President  called  tho  Convention  to  order  at  the  usual 
hour.  Prayer  by  Rev.  Thomas  E.  Skinner,  of  the  Baptist 
Church. 

The  journal  of  yesterday  was  read  and  approved. 

On  motion  of  Mr,  Mebane,  leave  of  absence  for  the  residue 
of  the  session  was  granted  to  Mr.  Smith,  of  Halifax,  from  and 
after  to-day. 

Mr.  Reid  offered  the  following  : 

Resolved,  That  during  tho  remainder  of  tho  present  session, 
no  delegate  shall  speak  more  than  twice  on  the  same  question, 
or  occupy  the  floor  more  than  fifteen  minutes  the  first  time,  or 
more  than  ten  minutes  the  second  time,  in  discussing  such 
question. 

Resolved  further ,  That  the  Convention  will,  on  Friday  next, 
at  six  o'clock,  take  a  recess  until . 

He  moved  to  suspend  the  rules  that  the  resolutions  may  be 
now  considered. 

After  considerable  discussion — 

Mr.  Miller  moved  to  lay  the  motion  to  suspend  on  the  table, 
on  which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Reid, 
and  resulted  in  the  affirmative,  as  follows : 


58  JOURNAL  OF  THE  [3d  Session, 

Ayes — Messrs.  Allison,  Badger,  Battle  of  Edgecombe,  Berry, 
Bogle,  Bond,  Brodnax,  Bryson,  Calloway,  Cannon,  Christian, 
Dick,  Douthitt,  Fuller,  Gilmer,  Graham,  Hamlin,  Ileaden, 
Hicks,  Holden,  Howard,  Jones  of  Caldwell,  Jones  of  llowan, 
Joyce,  Kelly,  Kittrell,  Leak  of  Richmond,  Long,  Mann,  McNeill 
of  Cumberland,  McNeill  of  Harnett,  Meares,  Mebane,  Merritt, 
Miller,  Murrill,  Myers,  Osborne,  Pcnland,  Phifer,  Rayner, 
Ruffin,  Satterthwaitc,  Shipp,  Smith  of  Macon,  Sprouse,  Star- 
buck,  Thomas  of  Carteret,  Turner,  Washington,  Williamson  and 
Wilson— 52.  • 

Noes — Messrs.  Bunting,  Cunningham,  Darden,  Dickson, 
Durham,  Foster  of  Ashe,  Green,  Greenlee,  Hargrove,  Holmes, 
Johnston,  Lyon,  McDowell  of  Madison,  McDuffie,  Michal, 
Moseley,  Reid,  Rhodes,  Royster,  Sanders,  Schenck,  Setzer, 
Smith  of  Halifax,  Smith  of  Johnston,  Strong  of  Mccklenbm-g, 
Sutherland,  Thornton,  Williams,  Woodfin  and  Wooten — 30. 

Mr.  Graham  introduced  an  ordinance  to  establish  the  Treasui'y 
Department,  which  passed  its  first  reading. 

Mr.  Satterthwaitc,  from  the  committee  on  that  subject, 
reported  an  ordinance  to  provide  for  the  assumption  and  payment 
of  the  Confederate  tax,  which  passed  the  first  reading. 

Mr.  Woodfin  gave  notice  of  an  amendment  which  he  Avould 
offer  when  the  ordinance  shall  be  considered,  which  was  ordered 
to  be  printed. 

Mr.  Meares  was  appointed  on  the  committee  of  the  Deep 
River  and  Cape  Fear  Improvement,  in  place  of  Mr.  Arrington, 
resigned. 

Mr.  Leak,  of  Richmond,  offered  tho  folIoAving : 

Resolved,  That  the  Governor  be  authorized  to  appoint  a  Chap- 
lain for  our  hospital  at  Petersburg,  who  shall  receive  sueh 
compensation  as  is  now  authorized  and  prescribed  by  the  Con- 
federate Government ; — which  lies  over  one  day. 

Mr.  Gilmer  moved  to  suspend  for  the  present  week,  the  order 
of  the  Convention  for  afternoon  sessions,  and  it  was  not  agreed  to. 

The  orders  of  the  day  were  now  taken  up,  being  the  ordinance 
reported  by  the  Military  Committee. 

The  Convention  proceeded  to  sit  with  closed  doors,  and  so 
continued  until  the  hoiir  of  recess. 


1862.]  STATE   CONVENTION.  59 

4  O'clock,  P.  M. 
The  Convention  re-assembled  in  secret  session,  and  so  re- 
mained until  a  late  hour,  when  tho  doors  were  opened,  and, 
On  motion  of  Mr.  Badger,  the  Convention  adjourned. 


/ 


IN  CONVENTION,  Thursday,  February  13,  1862. 

The  President  called  the  Convention  to  order.  Prayer  by 
Rev.  J.  S.  Long,  of  the  M.  E.  Church. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Moseley  presented  a  petition  from  sundry  citizens  of 
Sampson  and  Duplin  counties,  asking  the  action  of  the  Conven- 
tion to  prevent  the  destruction  of  grain,  by  distillation,  which, 
on  his  motion,  was  filed  with  other  papers  on  the  same  subject. 

On  motion  of  Mr.  Schenck,  leave  of  absence  for  the  remain- 
der of  the  session,  was  granted  Mr.  Johnston,  from  and  after 
to-morrow. 

Mr.  Foster,  of  Ashe,  from  the  committee  on  that  subject, 
reported  an  ordinance  to  perfect  certain  grants  of  land,  which 
passed  its  first  reading. 

On  motion  of  Mr.  Mitchell,  the  rules  were  suspended,  and 
the  ordinance  rend  the  second  time. 

Mr.  Meares  moved  that  the  ordinance  lie  on  the  table,  and 
it  was  agreed  to. 

Mr.  Leak,  of  Richmond,  introduced  an  ordinance  to  prevent 
the  distillation  of  grain  for  the  period  of  twelve  months,  which 
passed  its  first  reading. 

He  moved  to  suspend  the  rules  so  that  the  ordinance  may  be 
now  considered,  which  was  not  agreed  to. 

Mr.  Graham  introduced  a  series  of  resolutions,  relating  to 
the  re-enlistment  of  volunteers,  which  were  ordered  to  be  printed. 

Mr.  Ruffin  introduced  an  ordinance  to  amend  the  Bill  of 
Rights,  which  passed  its  first  reading. 

Mr.  Graham  gave  notice  of  an  amendment  to  the  ordinance 
to  amend  the  Bill  of  Rights,  reported  by  the  committee,  describ- 
ing the  boundaries  of  the  State,  which  was  ordered  to  be  printed. 


60  JOURNAL  OF  THE  [3d  Session, 

Mr.  Jones,  of  Rowan,  introduced  an  ordinance  to  facilitate 
the  raising  of  volunteers,  which  passed  its  first  reading. 

Mr.  Badger  offered  the  following  : 

Resolved,  That  His  Excellency,  the  Governor,  be  and  he  is 
hereby  requested,  to  communicate  to  this  Convention,  copies  of 
the  correspondence,  if  any  there  be,  between  the  Executive 
authorities  of  this  State  and  the  Department  of  War  and  Navy, 
touching  the  defense  of  Roanoke  Island,  and  the  Albemarle  and 
adjacent  country. 

On  his  motion  the  rules  were  suspended  and  the  resolution 
adopted. 

Mr.  McDuffie  moved  a  suspension  of  the  rules  in  order  that 
the  resolutions  introduced  by  Mr.  Graham  this  morning,  may 
be  now  considered ;  and  it  was  agreed  to. 

The  resolutions  were  then  read  and  adopted. 

On  motion  of  Mr.  Osborne,  the  Convention  proceeded  to  sit 
with  closed  doors,  and  so  continued  until  the  hour  of  recess. 


4  O'clock,  P.  M. 

Mr.  Woodfin,  by  consent,  gave  notice  of  an  amendment  to 
the  ordinance  providing  for  the  assumption  and  payment  of  the 
Confederate  tax,  which  amendment  was  ordered  to  be  printed. 

The  doors  were  then  closed,  and  the  Convention  sat  in  secret 
session  until  a  late  hour.     When  the  doors  were  again  opened, 

On  motion  of  Mr.  Badger,  the  Convention  adjourned. 


IN  CONVENTION,  Friday,  February  14,  1862. 

The  President  took  the  chair  and  called  the  Convention  to 
order.  Prayer  by  the  Rev.  Henry  Hardie,  of  the  Presbyte- 
rian Church. 

The  journal  of  yesterday  was  read  and  approved. 

L.  N.  B.  Battle,  delegate  elect  from  the  county  of  Nash,  to 
fill  the  vacancy  occasioned  by  the  resignation  of  Mr.  Arring- 


1862.]  STATE  CONVENTION.  61 

ton,  produced  his  credentials  and  took  his  seat  in  the  Conven- 
tion. 

The  Convention  then  proceeded  to  consider  the  ordinance  to 
provide  North  Carolina's  quota  of  Confederate  troops,  which 
was  reported  by  Mr.  Howard,  from  the  committee  on  Military 
Aflfairs,  in  lieu  of  the  original,  which  had  been  recommitted. 

Mr.  Sanders  moved  to  strike  out  the  first  clause  of  the  sec- 
ond section. 

Mr.  Battle,  of  Edgecombe,  moved  to  amend  the  section  by 
adding  to  the  first  clause,  as  follows :  "  Unless  otherwise  or- 
dered by  the  Confederate  government,  or  unless  they  may  be 
required  for  local  defense,"  on  which  the  ayes  and  noes  were 
ordered,  on  motion  of  Mr.  Howard,  and  resulted  in  the  affirma- 
tive, as  follows : 

Ayes — Messrs.  Badger,  Battle  of  Edgecombe,  Battle  of 
Nash,  Battle  of  Wake,  Brodnax,  Bunting,  Cunningham,  Darden, 
DicksoTi,  Durham,  Edwards,  Fuller,  Gorrell,  Greenlee,  Har- 
grove, Hicks,  Holmes,  Howard,  Johnston,  Jones  of  Rowan, 
Kelly,  Lyon,  McDowell  of  Madison,  McDufBe,  Mebane,  Miller, 
Moselcy,  Osborne,  Pcnland,  Pliifer,  Hoid,  Rhodes,  Royster, 
Ruffin,  Sanders,  Schcnck,  Sctzer,,Shipp,  Smith  of  Johnston, 
Starbuck,  Strange,  Strong  of  Wayne,  Sutherland,  Thomas  of 
Carteret,  Thompson,  Thornton,  Turner,  Washington,  Williams, 
Woodfin  and  Wooten — 51. 

Noes — Messrs.  Allison,  Berry,  Bogle,  Bond,  BroAvn,  Bryson, 
Caldwell,  CalloAvay,  Cannon,  Christian,  Dick,  Douthitt,  Foster 
of  Ashe,  Gilmer,  Graham,  Hcarno,  Holden,  Houston,  Jones  of 
Caldwell,  Joyce,  Leak  of  Richmond,  Long,  Mann,  Manning, 
McNeill  of  Cumberland,  Meares,  Merritt,  Michal,  Mitchell, 
Murrill,  Satterthwaitc,  Smith  of  Macon,  Sprouse,  Thomas  of 
Jackson,  Warren  and  Wilson — 36. 

The  question  now  recurred  on  the  motion  of  Mr.  Sanders, 
on  which  the  ayes  and  noes  were  ordered,  and  resulted  in  the 
affirmative,  as  folloAVS : 

Ayes — Messrs.  Allison,  Badger,  Battle  of  Wake,  Berry, 
Bogle,  Bond,  Brown,  Bryson,  Calloway,  Cannon,  Christian, 
Cunningham,  Dick,  Douthitt,  Durham,  Foster  of  Ashe,  Fuller, 


62  JOURNAL  OF  THE  [3d  Session, 

Gilmer,  Gorrell,  Graham,  Hargrove,  Hearne,  Holden,  Johnston, 
Jones  of  Caldwell,  Joyce,  Leak  of  Richmond,  Long,  Lyon, 
Mann,  Manning,  McDuffie,  McNeill  of  Cumberland,  Meares,  Me- 
bane,  Merritt,  Michal,  Miller,  Mitchell,  Murrill,  Myers,  Rhodes, 
Royster,  Sanders,  Satterthwaite,  Setzer,  Smith  of  Johnston, 
Smith  of  Macon,  Sprouse,  Starbuck,  Warren  and  Wilson — 52. 

Noes — Messrs.  Battle  of  Edgecombe,  Battle  of  Nash,  Brod- 
nax.  Bunting,  Caldwell,  Dickson,  Edwards,  Greenlee,  Hicks, 
Holmes,  Howard,  Jones  of  Rowan,  Kelly,  McDowell  of  Madi- 
son, Moseley,  Osborne,  Penland,  Phifer,  Reid,  Ruffin,  Schenck, 
Shipp,  Strange,  Strong  of  Wayne,  Sutherland,  Thomas  of  Car- 
teret, Thompson,  Thornton,  Turner,  Washington,  Williams, 
Woodfin  and  Wooten — 33. 

Mr.  Gilmer  moved  to  strike  out  the  first  and  second  sections, 
and  insert  as  follows :  That  it  shall  be  the  duty  of  the  Governor, 
from  time  to  time,  to  issue  his  proclamation  calling  for  volun- 
teers to  meet  the  requisitions  of  the  Confederate  States,  now 
made  or  hereafter  to  be  made  ;  Provided,  however,  that  the 
volunteers  heretofore  in  service,  re-enlisting,  shall  have  credit 
for  the  time  they  have  served ;  Provided,  further,  that  volun- 
teers shall  not  be  for  a  longer  term  than  three  years  or  during 
the  war  ;  and  Provided  furth'fer,  that  the  Governor  shall  not  be 
required  to  keep  in  the  Confederate  service  more  than  the  regu- 
lar quota  of  North  Carolina. 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Howard,  and  resulted  in  the  affirmative,  as  follows : 

Ayes— Messrs.  Allison,  Badger,  Battle  of  Edgecombe,  Bat- 
tle of  Nash,  Brodnax,  Brown,  Bunting,  Cunningham,  Darden, 
Dickson,  Durham,  Foster  of  Ashe,  Fuller,  Gilmer,  Green- 
lee, Hargrove,  Hicks,  Holmes,  Howard,  Johnston,  Jones  of 
Caldwell,  Jones  of  Rowan,  Kelly,  Lyon,  McDuffie,  McNeill  of 
Cumberland,  Miller,  Moseley,  Murrill,  Osborne,  Penland,  Phi- 
fer, Reid,  Rhodes,  Royster,  Ruffin,  Schenck,  Setzer,  Shipp, 
Starbuck,  Strange,  Strong  of  Mecklenburg,  Strong  of  Wayne, 
Sutherland,  Thompson,  Thornton,  Turner,  Warren,  Williams, 
Williamson,  Wilson,  Woodfin  and  Wooten — 53. 


1862.]  STATE  CONVENTION.  63 

*f 

Noes — Messrs.  Battle  of  Wake,  Berry,  Bogle,  ijoi^a,  I!xV- 
son,  Caldwell,  Calloway,  Cannon,  Dick,  Douthitt,  Gorrcll,  Gra- 
ham, Hearne,  Holden,  Leak  of  Richmond,  Long,  Mann,  Man- 
ning, Mebane,  Merritt,  Michal,  Mitchell,  Myers,  Rayner,  San- 
ders, Satterthwaite,  Smith  of  Johnston,  Smith  of  Macon, 
Sprouse,  Thomas  of  Carteret,  and  Washington — 31. 

Mr.  Badger  moved  to  reconsider  the  vote  by  which  Mr. 
Gihner's  amendment  was  agreed  to,  and  the  motion  prevailed. 

He  then  moved  to  amend  by  striking  out  the  words,  "  shall 
be  required,"  in  the  last  proviso,  on  which  the  ayes  and  noes 
Avere  ordered,  and  resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Berry,  Brodnax,  Calloway,  Cannon,  Gorrell, 
Graham,  Hearne,  Holden,  Jones  of  Rowan,  Long,  Mann,  Man- 
ning, Merritt,  Mitchell,  Murrill,  Myers,  Satterthwaite,  Setzer 
and  Smith  of  Macon — 19. 

Noes — Messrs.  Battle  of  Edgecombe,  Battle  of  Nash,  Battle 
of  Wake,  Bryson,  Bunting,  Caldwell,  Cunningham,  Darden, 
Dickson,  Douthitt,  Edwards,  Foster  of  Ashe,  Fuller,  Gilmer, 
Greenlee,  Hargrove,  Hicks,  Holmes,  Howard,  Jones  of  Cald- 
well, Joyce,  Leak  of  Richmond,  ]\IcDowell  of  Madison,  McDuffie, 
McNeill  of  Cumberland,  Mebane,  Michal,  Miller,  Moseley, 
Penland,  Rayner,  Reid,  Rhodes,  Royster,  Ruffin,  Sanders, 
Schenck,  Sprouse,  Starbuck,  Strange,  Strong  of  Mecklenburg, 
Strong  of  Wayne,  Sutherland,  Thomas  of  Jackson,  Thompson, 
Thornton,  Turner,  Washington,  Williams,  Williamson,  Wilson, 
Woodfin  and  Wooten — 53. 

The  question  again  recurred  upon  Mr.  Gilmer's  amendment, 
on  which  the  ayes  and  noes  were  ordered,  and  resulted  in  the 
affirmative,  as  follows  : 

Ayes — Messrs.  Battle  of  Edgecombe,  Battle  of  Nash,  Brod- 
nax, Bunting,  Caldwell,  Cunningham,  Darden,  Dickson,  Douth- 
itt, Durham,  Edwards,  Foster  of  Ashe,  Fuller,  Gilmer,  Greenlee, 
Hargrove,  Hearne,  Hicks,  Holmes,  Howard,  Jones  of  Caldwell, 
Jones  of  Rowan,  Joyce,  Kelly,  Leak  of  Richmond,  Long, 
Lyon,  McDowell  of  Madison,  McDuffie,  McNeill  of  Cumberland, 
Meares,  Mebane,  Miller,  Moseley,  Murrill,  Penland,  Rayner, 
Reid,  Rhodes,  Royster,  Ruffin,  Schenck,  Starbuck,  Strange, 
44 


64  JOURNAL  OF  THE  [3d  Session, 

Strong  of  Mecklenburg,  Strong  of  Wayne,  Sutherland,  Thomp- 
son, Thornton,  Turner,  Williams,  Williamson,  Wilson,  Woodfin 
and  Wooten — 53. 

Noes — Messrs.  Battle  of  Wake,  Berry,  Bond,  Bryson,  Cal- 
loway, Cannon,  Gorrell,  Graham,  Ilolden,  Mann,  Merritt, 
Michal,  Mitchell,  Myers,  Sanders,  Satterthwaitc,  Setzer,  Smith 
of  Macon,  Sprouse,  and  Thomas  of  Jackson — 21. 

The  Convention  then  took  a  recess. 


4  O'CLOCK,  P.  M. 

The  Convention  rc-assemblcd  and  resumed  the  consideration 
of  the  business  pending  at  the  hour  of  recess. 

Mr.  Howard  moved  to  amend  the  third  section  by  inserting, 
after  the  word  "  troops,"  in  the  third  line,  the  words,  "  under 
the  present  requisition,"  and  it  was  agreed  to. 

He  also  moved  to  amend  the  4th  section  by  inserting  the 
word  "nor"  after  the  word  "captain,"  in  the  Seconal  line,  and 
it  was  agreed  to. 

Also  to  amend  the  5th  section  by  inserting  after  the  word 
"service,"  in  the  third  line,  the  words,  "required  by  this  sec- 
tion," which  was  agreed  to. 

Mr.  Merritt  moved  to  strike  out  the  section,  on  which  the 
ayes  and  noes  were  ordered. 

Pending  the  consideration  of  this  amendment,  by  consent, 
Mr.  Holmes  offered  the  following  : 

Resolved,  That  the  President  of  the  Convention  be  requested 
to  send  by  telegraph  to  the  President  of  the  Confederate  States, 
the  resolutions  in  relation  to  our  coast  defences,  adopted  on 
yesterday  ;  and  it  was  agreed  to. 

On  motion  of  Mr.  Warren,  leave  of  absence  was  granted  to 
Mr.  Meares. 

On  motion  of  Mr.  Long,  leave  of  absence  for  a  few  days  was 
granted  to  James  Page,  Principal  Doorkeeper. 

And  then,  on  motion  of  Mr.  Michal,  the  Convention  adjourned. 


1862.]  STATE   CONVEI^TION.  65 


IN  CONVENTION,  Saturday,  February  15,  1862. 

The  Convention  met,  Hon.  Wm.  A.  Graham  in  the  chair,  by 
written  request  of  the  President.  Prayer  by  Rev.  Frederick 
FitzGerald,  of  the  P.  E.  Church. 

The  journal  of  yesterday  was  read  and  approved. 

On  motion  of  Mr.  Thornton,  leave  of  absence,  after  to-day, 
was  granted  to  Mr.  Williams. 

On  motion  of  Mr.  Strange,  leave  of  absence  was  granted  to 
Messrs.  Bunting  and  Moseley,  until  Wednesday  next. 

On  motion  of  Mr.  Gilmer,  leave  of  absence  was  granted,  for 
to-day,  to  Mr.  Washington. 

Mr.  Strange  presented  a  communication  from  the  committee 
of  safety  of  Wilmington,  which  was  ordered  to  lie  on  the  table. 

He  also  offered  the  following  :  * 

Resolved,  That  the  Governor  be,  and  he  is  hereby  authorized 
to  raise,  by  voluntary  enlistment,  not  exceeding  three  companies 
of  artillery,  to  serve  at  the  batteries  already  erected,  or  which 
may  hereafter  be  erected,  on  the  Cape  Fear  River,  below  or  at 
and  in  the  vicinity  of  the  town  of  Wilmington,  and  that  the 
men  constituting  such  companies  be  entitled  to  the  same  bounty, 
pay  and  allowances,  as  are,  by  law,  allowed  to  companies  in 
the  service  of  the  Confederate  States. 

Resolved,  further,  That  the  Governor  be  authorized  to  appoint 
captains  and  lieutenants  to  recruit  such  companies ;  the  term  of 
service  of  such  companies  to  be  for  twelve  months,  or  three 
years  or  the  war,  unless  sooner  discharged  by  the  Governor. 

On  motion  of  Mr.  Reid,  the  rules  were  suspended,  and  the 
resolutions  put  upon  their  passage. 

Mr.  Ruffin  moved  to  amend  as  follows  : 

Resolved  further.  That  such  forces,  when  raised,  shall  be 
tendered  to  the  President  of  the  Confederate  States,  and  if 
accepted,  shall  be  transferred  accordingly  ;  which  was  agreed  to. 

Mr.  Strange  now  moved  that  the  resolutions  lie  on  the  table, 
which  was  not  agreed  to. 

The  resolutions,  as  amended,  were  then  adopted. 


C6  JOURNAL  OF  THE  [3d  Session, 

Mr.  Gilmer,  from  the  committee  on  that  subject,  reported  an 
ordinance  to  complete  the  Cape  Fear  and  Deep  River  Improve- 
ment, which  passed  its  first  reading,  and  the  report,  with  the 
ordinance,  ordered  to  be  printed. 

Mr.  Mcbane  offered  a  resolution  in  relation  to  the  defects  in 
the  revenue  laws  of  the  State,  which  was  agreed  to. 
'    Mr.  Berry  introduced  an  ordinance  to  prohibit  for  a  limited 
time  the   manufacture   of  spirituous  liquors  from  grain,  which 
passed  its  first  reading. 

Mr.  Michal  introduced  an  ordinance  to  restrict  the  distillation 
of  grain,  which  passed  its  first  reading. 

Mr.  Schenck  introduced  an  ordinance  for  the  suppression  of 
distillation,  which  passed  its  first  reading. 

On  motion  of  Mr.  Satterthwaite,  the   Convention  went  into 
the  consideration  of  the  ordinance  to  provide  for  the  assumption 
and  payment  of  the  Confederate  tax. 
Mr.  Woodfin  moved  to  amend  as  follows  : 
Be  it  further  ordained^  That  in   payment  of  the    Treasury 
notes  hereby  authorized,  or  of  the  bonds  in  which  they  may  be 
funded,  the  funds  of  the  Treasury  derived  from  the  ordinary 
subjects  of  taxation,  shall  not  be  used,  but  the  same  shall  be 
raised  by  a  tax  on  the  same  subjects  of  taxation,  with  the  same 
exemptions  that  are  made  in  the  Act  of  the  Confederate  Con- 
gress  imposing   said  tax,  so  that  the  white  polls  and  persons 
whose  estates  do  not  exceed  five  hundred  dollars  shall  not  be 
liable  to  pay  any  part  thereof ;  and  those  who  have  money  in 
possession  or   on  deposit,  shall  bo  liable  as  under  said  act  of 
Congress. 

Be  it  further  ordained,  That  for  the  purpose  of  raising  the 
money  to  pay  said  Treasury  notes,  or  bonds,  in  which  they  may 
be  funded,  an  additional  tax  list  shall  be  made  out,  setting 
forth  only  the  subjects  of  taxation  enumerated  in  the  said  act 
of  the  Confederate  Congress,  and  the  Treasurer  shall  open  and 
keep  a  separate  account  of  said  fund. 
The  amendments  were  adopted. 

Mr.    Satterthwaite   moved   to   amend    as  follows : — In  the 
second  section,  strike  out  the  words,  "  aggregate  amount,"  and 


1862.]  STATE   CONVENTION.  67 

insert,  "sufficient  to  provide  for  tlie  payment,"  which  was 
agreed  to. 

The  question  now  recurring  on  the  passage  of  the  ordinance 
as  amended  on  the  second  reading,  the  ayes  and  noes  were 
ordered,  on  motion  of  Mr.  Satterthwaite,  and  resulted  in  the 
affirmative,  as  follows : 

Ayes — Messrs.  Battle  of  Edgecombe,  Battle  of  Nash,  Berry, 
Bogle,  Brodnax,  Bryson,  Caldwell,  Calloway,  Cannon,  Chris- 
tian, Cou,ncill,  Cunningham,  Darden,  Dick,  Dickson,  Durham, 
Foster  of  Ashe,  Fuller,  Gorrell,  Greenlee,  Hargrove,  Hicks, 
Houston,  Howard,  Jones  of  Caldwell,  Jones  of  Rowan,  Joyce, 
Kelly,  Leak  of  Richmond,  Long,  Lyon,  Mann,  McDowell  of 
Madison,  McDuffie,  McNeill  of  Cumberland,  Michal,  Miller, 
Murrill,  Myers,  Osborne,  Phifer,  Reid,  Rhodes,  Royster,  Sat- 
terthwaite, Schenck,  Shipp,  Smith  of  Macon,  Sprouse,  Star- 
buck,  Strange,  Strong  of  Mecklenburg,  Strong  of  Wayne, 
Sutherland,  Thomas  of  Carteret,  Thompson,  Thornton,  Turner, 
"Warren,  Williams,  Wilson,  Woodfin  and  Wooten — 03. 

Noes — Messrs.  Allison,  Battle  of  Wake,  Brown,  Hcarne, 
Holden,  Manning,  Mebane,  Merritt,  Penland,  Ruffin  and  Set- 
zer — 11. 

On  motion,  the  rules  were  suspended,  the  ordinance  read  the 
third  time  and  passed,  and  ordered  to  be  enrolled. 

Mr.  Satterthwaite  moved  to  reconsider  the  vote  by  which  the 
ordinance  passed  the  third  reading,  and  it  was  not  agreed  to. 

Mr.  Shipp  moved  to  reconsider  the  vote  by  which  the  Con- 
vention passed  the  resolutions  of  Mr.  Strange,  and  the  motion 
prevailed. 

Mr.  Strange  then  moved  to  strike  out  of  the  resolution  the 
words  inserted  on  motion  of  Mr.  Ruffin,  and  it  was  agreed  to. 

The  resolutions,  as  amended,  were  then  adopted  and  ordered 
to  be  enrolled. 

Mr,  Miller  offered  a  resolution  providing  for  the  payment  of 
the  Confederate  tax  collectors,  which  lies  over  one  day. 

On  motion  of  ^Ir.  Howard,  the  Convention  then  proceeded 
to  the  consideration  of  the  ordinance  reported  by  the  commit- 
tee on  Military  Affairs. 


68  JOURNAL   OF   THE  [3d  Session, 

He  moved  to  amend  the  5th  section  by  striking  out  the 

words,   "  with  the  rank  and  pay  of  during  the  time  of 

service,"  which  was  agreed  to. 

The  question  then  recurred  on  the  motion  of  Mr.  Merritt  to 
strike  out  the  section,  and  it  was  agreed  to. 

Mr.  Jones,  of  Rowan,  now  moved  to  insert,  in  lieu  of  the  sec- 
tion just  struck  out,  the  following:  "The  Governor  shall  call 
upon  the  several  captains  of  volunteer  companies  from  North 
Carolina,  now  in  the  field,  or  other  officers  in  command,  to  mus- 
ter their  said  companies  for  re-enlistment,  and  shall  make 
known  to  them  the  earnest  desire  of  this  Convention,  and  of 
the  people  of  this  State,  that  they  shall  enlist  for  three  years 
or  for  the  war ;  and,  in  order  to  forward  this  purpose,  the  cap- 
tains of  companies,  or  officers  in  command,  on  the  occasion  of 
such  muster,  shall  put  the  question  distinctly  to  every  officer 
and  soldier  belonging  thereto,  whether  he  will  enlist  for  three 
years  or  the  war,  or  not;  and  those  agreeing  so  to  re-enlist,  he 
will  cause  to  subscribe  a  roll  containing  such  obligation,  with 
their  names  and  places  of  residence  at  the  time  of  their  entry 
into  service,  and  the  signature  of  the  person  so  enlisting  shall 
be  as  binding  as  if  he  had  been  mustered  into  service ;  which 
list  he  Avill  immediately  return  to  the  office  of  the  Adjutant 
General  of  the  State." 

Mr.  Starbuck  moved  to  amend  the  amendment  as  follows  : 
That  the  Governor  shall,  as  soon  as  practicable,  by  proclama- 
tion, require  each  captain  in  the  service,  on  or  before  the  15th 
of  March  next,  to  return  to  the  Adjutant  General  a  list  of  all 
the  officers  and  men  under  his  command,  with  the  county  of  the 
residence  of  each,  at  the  time  of  his  entry  into  service. 

The  Governor  shall  also  make  known  in  his  proclamation  to 
each  company  of  twelve  months  men  the  bounty  provided  by 
this  ordinance  and  the  Act  of  the  Confederate  Congress,  to  be 
paid  to  each  person  who  shall  re-enlist  for  three  years  or  during 
the  war,  and  tliat  they  shall  be  permitted  to  elect  their  own 
officers.  lie  shall  further  inform  them  in  his  proclamation  of 
the  action  of  this  Convention,  urging  the  Confederate  Congress 
to  provide  pensions  or  bounties  for  the  widows  and  children  of 


1862.]  STATE   CONVENTION.  69 

those  who  die  in  the  service  ;  and  the  Governor  shall  furnish 
each  Captain  for  distribution  among  his  men,  ten  copies  of  said 
proclamation. 

That  within  thirty  days  from  the  time  that  each  company 
shall  be  furnished  as  aforesaid,  with  the  Governor's  proclama- 
tion, he  shall  cause  such  company  to  be  mustered  for  re-enlist- 
ment, by  the  oflBcers  commanding  the  same ;  who  shall  submit 
to  each  volunteer  the  question  whether  he  will  re-cnlist  or  not, 
and  shall  make  out  an  accurate  company  roll  of  the  names  of 
all  who  re-enlist,  and  return  the  same  forthwith  to  the  Adjutant 
General. 

*  That  on  the  day  on  which  the  term  of  any  volunteer  company 
shall  expire,  or  as  soon  thereafter  as  may  be,  the  volunteers  so 
re-enlisting,  among  themselves,  or  with  any  new  volunteers, 
shall  proceed  to  organize  their  company  and  elect  their  oflScers  ; 
and  each  volunteer  thus  re-enlisting  shall  have  credit  for  the 
time  he  may  have  already  served. 

The  question  was  put  and  the  amendment  was  not  adopted. 

The  question  recurred  on  the  amendment  of  Mr.  Jones,  and 
it  was  agreed  to. 

On  motion  of  Mr.  Smith,  of  Macon,  the  6th  and  7th  sections 
were  merged  into  one,  and  the  word  "  other,"  in  the  last  clause, 
was  stricken  out. 

Mr.  Howard  moved  to  amend  the  next  section  by  inserting 
after  the  word  "volunteers,"  the  words,  "not  re-enlisting  in 
their  present  organization,"  and  add,  "  and  the  company  com- 
missioned officers  shall  elect  their  field  officers,"  and  the 
amendments  were  agreed  to. 

Mr.  Jones,  of  Rowan,  moved  to  add  the  following :  "  and 
the  commissions  of  officers  rc-appoiuted,  shall  bear  the  date  of 
their  former  commissions,"  and  it  was  agreed  to. 

Mr.  Howard  offered  the  following  as  a  new  section : 

"  That  the  Governor  shall  have  power  to  appoint  captains 
and  lieutenants  to  recruit  men  for  the  service  as  aforesaid,  and 
to  organize  the  men  so  recruited  into  companies  and  regiments, 
and  the  company  commissioned  officers  shall,  in  all  cases,  elect 
their  field  officers,  under  the  rules  now  prescribed :  Provided, 


70  JOURNAL  OF  THE  [3d  Session, 

hotoeve?',  That  no  person  under  such  appointment  shall  receive 
a  commission  or  pay,  except  as  follows :  When  a  person  ten- 
ders forty  privates,  who,  in  writing,  shall  have  agreed  to  serve 
under  him,  a  captain's  commission ;  twenty-five  privates,  a  first 
lieutenant's  commission  ;  and  fifteen  privates,  a  second  lieuten- 
ant's commission."     The  amendment  was  adopted. 

[A  message  was  received  from  His  Excellency,  the  Governor, 
at  the  hands  of  his  Private  Secretary.] 

Mr.  Lyon  moved  to  amend  the  8th  section  of  the  ordinance, 
as  folloAYS :  "  That  the  sum  of  four  dollars  per  month  shall  be 
paid  by  tho  State  to  all  privates,  non-commissioned  officers  and 
musicians,  volunteering  for  the  war,  during  the  Avholo  term  of 
actual  ser\ace,  which  amendment  was  not  agreed  to. 

Mr.  Howard  moved  to  amend  by  inserting  after  the  word, 
"bounty,"  the  words,  "deducting  the  bounty  already  paid," 
which  was  agreed  to;  also,  add  as  follows:  "Provided,  how- 
ever, that  any  soldier  may  permit  his  bounty  to  remain  in  the 
Treasury,  and  draw  the  same  with  interest  at  the  end  of  the 
year  from  the  time  it  is  due,  or  at  the  time  of  his  discharge," 
which  was  also  agreed  to. 

Mr.  Battle,  of  Wake,  from  the  committee  on  Enrollments, 
reported,  as  correctly  enrolled,  the  resolutions  relating  to  the 
defenses  at  or  near  Wilmington,  and  the  same  were  duly  ratified. 

The  consideration  of  the  pending  ordinance  was  then  resumed. 

Mr.  Hargrove  moved  to  amend  the  second  proviso,  by  striking 
out  the  words,  "  or  during  the  war,"  and  inserting,  "  but  to  be 
sooner  discharged  in  case  the  present  war  terminates  before  the 
expiration  of  that  time,"  and  it  was  agreed  to. 

The  ordinance  then  passed  the  second  reading  as  amended, 
and  was  ordered  to  be  printed. 

On  motion  of  Mr.  Battle,  of  Wake,  leave  of  absence  until 
Tuesday  next,  was  granted  to  Mr.  Sanders. 

On  motion  of  Mr.  Cunningham,  leave  of  absence  was  granted 
to  Messrs.  Hargrove  and  Royster ;  on  motion  of  Mr.  Strong,  to 
Mr.  Greenlee  from  and  after  Monday ;  on  motion  of  Mr.  Cald- 
well, to  Mr.  McDowell,  of  Madison ;  and  to  Mr.  Strange  until 
Wednesday,  on  motion  of  Mr.  Howard. 


1862.]  STATE   CONVENTION.  71 

On  motion  of  Mr.  Bond,  the  doors  were  closed,  and  the  Con- 
vention remained  in  secret  session  for  some  time.  When  the 
doors  were  again  opened. 

On  motion  of  Mr.  Graham,  the  Convention  adjourned. 


IN  CONVENTION,  Monday,  February  17,  18G2. 

The  Convention  met,  Hon.  W.  A.  Graham  in  the  Chair. 

The  journal  of  Saturday  was  read  and  approved. 

The  President  announced  that  he  had  received  a  dispatch  from 
the  President  of  the  Confederate  States,  whereupon,  on  motion 
of  Mr.  Rcid,  the  Convention  proceeded  to  sit  with  closed  doors. 

After  remaining  some  time  in  secret  session,  the  doors  were 
again  opened. 

Mr.  Christian  moved  to  take  up  the  ordinance  in  relation  to 
the  Cheraw  and  Coalfields  Railroad. 

Mr.  Schenck  moved  to  lay  that  motion  on  the  table,  on  which 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Cunningham, 
and  resulted  in  the  affirmative,  as  follows  : 

Aye? — Messrs.  Battle  of  Edgecombe,  Battle  of  Nash,  Battle 
of  Wake,  Brown,  Calloway,  Councill,  Cunningham,  Darden, 
Dickson,  Durham,  Fuller,  Greenlee,  Hargrove,  Hicks,  Houston, 
Howard,  Jones  of  Caldwell,  Jones  of  Rowan,  Kelly,  Leak  of 
Richmond,  Lyon,  McDowell  of  Madison,  McDuffie,  Michal, 
Mitchell,  Osborne,  Penland,  Rhodes,  Ruffin,  Satterthwaite, 
Schenck,  Setzer,  Shipp,  Smith  of  Johnston,  Sprouso,  Strong 
of  Mecklenburg,  Sutherland,  Turner,  Warren,  W^illiams  and 
Wootcn — 41. 

Noes — IVIessrs.  Allison,  Badger,  Berry,  Bogle,  Brodnax, 
Cannon,  Christian,  Douthitt,  Foster  of  Ashe,  Foster  of  Ran- 
dolph, Gilmer,  Gorrell,  Graham,  Hearne,  Headen,  Ilolden, 
Joyce,  Long,  Mann,  Manning,  Murrill,  Myers,  Phifer,  Reid, 
Spruill  of  Tyrrell,  Starbuck,  Wilson  and  Woodfin— 29. 

Mr.  Smith,  of  Macon,  from  the  committee  on  Enrollments, 
reported  as  correctly  enrolled,  the  ordinance  to  provide  for  the 
assumption  and  payment   of  the  Confederate  tax,  and  the  same 
was  duly  ratified  in  open  Convention. 
45 


72  JOURNAL  OF  THE  [3d  Session, 

Mr.  Schenck  offered  the  following  : 

Besolved,  That  the  Quartermaster  and  Commissary  at  Raleigh, 
and  other  Railroad  connections,  if  in  their  power,  be  directed  to 
furnish  all  volunteers  who  may  be  necessarily  detained  at  such 
points,  food  and  lodging  during  such  necessary  detention,  and 
be  allowed  the  cost  of  the  same  in  the  settlement  of  their 
accounts  ;  and  the  resolution  was  adopted. 

The  ordinance  to  provide  for  the  office  of  Lieutenant-Governor 
was  then  read  the  second  time. 

Mr.  Woodfin  moved  that  it  lie  on  the  table,  on  which  the  ayes 
and  noes  were  ordered,  on  motion  of  Mr.  Jones,  of  Rowan,  and 
resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Battle  of  Edgecombe,  Battle  of  Nash,  Berry, 
Bogle,  Bond,  Brown,  Caldwell,  Calloway,  Cunningham,  Darden, 
Dickson,  Douthitt,  Dui'ham,  Graham,  Greenlee,  Hargrove, 
Hearne,  Headcn,  Hicks,  Howard,  Jones  of  Caldwell,  Jones  of 
Rowan,  Kelly,  Long,  Lyon,  McDowell  of  Madison,  McDuffie, 
Michal,  Miller,  Murrill,  Osborne,  Penland,  Phifer,  Reid,  Ruffin, 
Satterthwaite,  Schenck,  Setzer,  Shipp,  Strong  of  Mecklenburg, 
Sutherland,  Thomas  of  Carteret,  Thornton,  Williams,  William- 
son, Woodfin  and  Wooten — 47. 

Noes — Messrs.  Allison,  Badger,  Battle  of  Wake,  Brodnax, 
Cannon,  Christian,  Councill,  Foster  of  Ashe,  Foster  of  Ran- 
dolph, Fuller,  Gilmer,  Gorrell,  Holdcn,  Houston,  Joyce,  Mann, 
Manning,  Mitchell,  Myers,  Rhodes,  Smith  of  Johnston,  Smith 
of  Macon,  Sprouse,  Spruill  of  Tyrrell,  Starbuck,  Turner,  Warren 
and  Wilson— 29. 

Mr.  Woodfin  moved  to  take  up  the  resolution  introduced  some 
days  ago  by  Mr.  Reid,  relating  to  discussion,  and  t\^e  recess  of 
the  Convention,  which  was  agreed  to. 

[By  consent,  Mr.  Battle,  of  Wake,  from  the  committee  on 
Enrollments,  reported,  as  correctly  enrolled,  the  resolution  of 
Mr.  Schenck,  passed  this  morning,  in  relation  to  detained  vol- 
unteers, and  the  same  was  duly  ratified.] 

Resuming  the  pending  question,  Mr.  Reid  withdrew  his  first 
resolution. 

Mr.  Long  moved  to  fill  the  blank  with  "  the  third  Monday  in 
May,"  which  was  not  agreed  to. 


1862.]  STATE   CONVENTION.  73 

Mr.  Smith,  of  Johnston,  moved  to  insert  "  the  first  Monday 
in  August,"  which  was  not  agreed  to. 

Mr.  Michal  moved  to  insert  "  the  first  Monday  in  May," 
which  was  not  agreed  to. 

He  then  moved  to  insert  "thii'd  Monday  in  April,"  which 
was  agreed  to. 

Mr.  Cihner  moved  to  strike  out,  '' Friday,  21st,"  and  insert, 
"Friday,  28th." 

Mr.  Satterthwaitc  moved  to^  lay  the  whole  subject  on  the 
table,  on  which  the  ayes  and  noes  were  ordered,  on  motion  of 
Mr.  Setzer,  and  resulted  the  negative — thcro  being  a  tie  vote, 
as  follows  : 

Ayes — Messrs.  Allison,  Badger,  Battle  of  Edgecombe,  Battle 
of  Nash,  Battle  of  Wake,  Berry,  Calloway,  Christian,  Councill, 
Dickson,  Fuller,  Gilmer,  Gorrell,  Holdcn,  Howard,  Jones  of 
Rowan,  Joyce,  Leak  of  Richmond,  Long,  Mann,  Manning, 
McDuffie,  Meares,  Mitchell,  Osborne,  Phifer,  Rhodes,  Satter- 
thwaitc, Schcnck,  Shipp,  Smith  of  Macon,  Sprouse,  Starbuck, 
Strong  of  Mecklenburg,  Turner,  Warren  and  Wilson — 37. 

Noes — Messrs.  Boglo,  Brodnax,  Brown,  Caldwell,  Cannon, 
Cunningham,  Darden,  Douthitt,  Durham,  Foster  of  Ashe,  Fos- 
ter of  Randolph,  Graham,  Greenlee,  Hargrove,  Hearne,  Ileaden, 
Hicks,  Houston,  Jones  of  Caldwell,  Kelly,  Lyon,  McDowell  of 
Madison,  Michal,  Miller,  Murrill,  Penland,  Reid,  Ruffin,  Setzer, 
Smith  of  Johnston,  Sutherland,  Thomas  of  Carteret,  Thornton, 
AVilliams,  Williamson,  Woodfin  and  Wooten — 37. 

The  (question  recurred  on  the  amendment  offered  by  Mr. 
Gilmer,  on  which  the  ayes  and  noes  were  ordered,  on  motion  of 
Mr.  Darden,  and  resulted  in  the  negative,  as  follows: 

Ayes — Messrs.  Allison,  Badger,  Battle  of  Wake,  Brodnax, 
Calloway,  Christian,  Councill,  Foster  of  Randolph,  Gilmer, 
Gorrell,  Holden,  Joyce,  Leak  of  Richmond,  Long,  Mann,  Man- 
ning, Murrill,  Osborne,  Rhodes,  Smith  of  Macon,  Sprouse, 
Starbuck,  Thomas  of  Carteret,  Turner,  Warren  and  Wilson — 26. 

Noes— Messrs.  Battle  of  Edgecombe,  Battle  of  Nash,  Berry, 
Bogle,  Bond,  Brown,  Caldwell,  Cunningham,  Darden,  Dickson, 
Douthitt,  Durham,  Foster  of  Ashe,  Fuller,  Graham,   Greenlee, 


74  JOURNAL   OF   THE  [3d  Session, 

Hargrove,  Hearne,  Headen,  Hicks,  Houston,  Howard,  Jones  of 
Caldwell,  Jones  of  Rowan,  Kelly,  Lyon,  McDowell  of  Madison, 
McDuffie,  Michal,  Miller,  Pcnland,  Tliifcr,  Reid,  Ruffin,  Sat- 
tertlnvaitc,  Schcnck,  Setzer,  Shipp,  Smith  of  Johnston,  Strong 
of  Mecklenburg,  Sutherland,  Thornton,  Williams,  Williamson,, 
Woodfin  and  Wooten — 46. 

Mr.  Reid  moved  to  strike  out  "21st"  and  insert  "22d." 
Mr.  Jones,  of  Rowan,  moved  to  amend  the  amendment,  by 
inserting  "25tli"  instead  of  "22d." 

Pending  the  consideration  of  which,  the  hour  arrived,  and  the 
Convention  took  a  recess. 


4  O'clock,  P.  M. 

ISIr.  Ruffin,  from  the  Judiciary  committee,  reported  an  ordi- 
nance in  relation  to  the  Judicial  Department  of  this  State, 
which  passed  its  first  reading. 

Mr.  Gilmer  offered  an  amendment  to  the  rules,  providing  for  a 
call  of  the  previous  question  on  all  subjects  under  debate  in  the 
Convention ;  which  lies  over  one  day. 

The  Convention  resumed  the  consideration  of  the  matter 
pending  at  the  hour  of  recess,  the  question  being  on  the  amend- 
ment offered  by  Mr.  Jones,  of  Rowan,  on  which  the  ayes  and 
noes  were  ordered,  on  motion  of  Mr.  Schenck,  and  resulted  in 
the  affirmative,  as  follows : 

Ayes — Messrs.  Allison,  Badger,  Battle  of  Nash,  Battle  of 
Wake,  Bogle,  Brodnax,  Calloway,  Cannon,  Christian,  Councill, 
Dickson,  Foster  of  Ashe,  Fuller,  Gilmer,  Hicks,  Holden,  Jones 
of  Rowan,  Joyce,  Leak  of  Richmond,  Long,  Mann,  Manning, 
McDuffie,  McNeill  of  Cumberland,  Miller,  Mitchell,  Murrill, 
Phifer,  Rhodes,  Ruffin,  Shipp,  Smith  of  Johnston,  Smith  of 
Macon,  Sprouse,  Starbuck,  Thomas  of  Carteret,  Turner,  War- 
ren and  Wilson — 39. 

Noes — Messrs.  Berry,  Caldwell,  Cunningham,  Dardeja,  Douth- 
itt,  Durham,  Graham,  Greenlee,  Hargrove,  Hearne,  Headen, 
Houston,  Howard,  Jones  of  Caldwell,  Kelly,  Lyon,  McDowell  of 


1862.]  STATE   CONVENTION.  75 

Madison,  Michal,  Penland,  Reid,  Sattertliwaite,  Schenck,  Set- 
zcr,  Strong  of  Mecklenburg,  Sutherland,  Thornton,  Williamson, 
Woodfin  and  Wootcn — 29. 

Mr.  Reid  ofiercd  the  following  amendment :  "  Unless  sooner 
convened  by  the  rrcsident,  or  in  case  of  his  death  or  resigna- 
tion, subject  to  be  convened  at  the  call  of  Messrs.  Ruffin,  Bad- 
ger, Graham,  Osborne  and  Brown,  members  of  the  Convention, 
or  any  three  of  them,"  and  it  was  agreed  to. 

Mr.  Dardcn  moved  to  strike  out  all  after  the  words,  '*  Tues- 
day next,"  on  which  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Badger,  and  resulted  in  the  negative,  as  follows : 

Ayes— Messrs.  Battle  of  Edgecombe,  Battle  of  Nash,  Cald- 
well, Cunningham,  Darden,  Dickson,  Diirham,  Foster  of  Ashe, 
Greenlee,.  Hargrove,  Ilicks,  Howard,  Lyon,  McDowell  of  Madi- 
son, McDuffie,  Michal,  Miller,  Mitchell,  Murrill,  Penland,  Reid, 
Schenck,  Setzer,  Smith  of  Johnston,  Strong  of  Mecklenburg 

Sutherland,  Thornton,  Williams  and  Wooten 29. 

Noes— Messrs.  Allison,  Badger,  Battle  of  Wake,  Berry,  Bo- 
gle, Brodnax,  Calloway,  Cannon,  Christian,  Couucill,  Doulhitt, 
Fuller,  Gilmer,  Gorrell,  Graham,  Hearne,  Headen,  Ilolden' 
Houston,  Jones  of  Caldwell,  Jones  of  Rowan,  Joyce,  Kelly, 
Leak  of  Richmond,  Long,  Mann,  INLanning,  McNeill  of  Cum- 
berland, Phifcr,  Rhodes,  RuflGn,  Satterthwaite,  Smith  of  Macon, 
Sprouse,  Staibuck,  Thomas  of  Carteret,  Turner,  Warren,  Wil- 
liamson, Wilson  and  Woodfin — 41. 

The  question  recurred  on  the  passage  of  the  resolution  as 
amended,  on  which  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Manning,  and  resulted  in  the  affirmative,  as  follows  : 

Ayes- Messrs.  Allison,  Battle  of  Edgecombe,  Battle  of 
Nash,  Bogle,  Bond,  Brodnax,  Brown,  Calloway,  Christian, 
Councill,  Cunningham,  Darden,  Dickson,  Douthitt,  Durham,' 
Foster  of  Ashe,  Graham,  Hargrove,  Hearne,  Headen,  Hicks, 
Ilolden,  Houston,  Jones  of  Caldwell,  Jones  of  Rowan,  Joyce^ 
Kelly,  Leak  of  Richmond,  Long,  Lyon,  McDowell  of  Madison' 
McDuffie,  McNeill  of  Cumberland,  Michal,  Miller,  Murrill, 
Osborne,  Phifcr,  Reid,  Rhodes,  Ruffin,  Setzer,  Smith  of  Macon,' 
Starbuck,  Strong  of  Mecklenburg,  Sutherland,  Thomas  of  Car- 


76  JOURNAL  OF  THE  [3d  Session, 

teret,  Thornton,  Williams,  Williamson,  Wilson,  Woodfin  and 
Wootcn— 53. 

Noes — Messrs.  Badger,  Battle  of  Wake,  Berry,  Caldwell, 
Cannon,  Fuller,  Gorrtll,  Mann,  Manning,  Meares,  Mitchell, 
Penland,  Sattertlnvaite,  Schcnck,  Shipp,  Smith  of  Johnston, 
Sprousc,  Turner  and  Warren — 19. 

By  consent,  Mr.  Michal  oflercd  tho  following  : 

Mesolved,  That  from  and  after  to-day,  this  Convention  will 
meet  at  7  o'clock,  P.  M.,  after  taking  a  recess  at  the  close  of 
the  afternoon  session.     Lies  over  one  day. 

Mr.  Howard  moved  that  the  Convention  proceed  to  the  con- 
sideration of  the  ordinance  reported  by  the  Military  Committee, 
on  which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Badger,  and  resulted  in  the  affirmative,  as  follows: 

Ayes — Messrs.  Battle  of  Edgecombe,  Battle  of  Nash,  Battle 
of  Wake,  Berry,  Bogle,  Bond,  Brodnax,  Brown,  Caldwell,  Cal- 
loAvay,  Cannon,  Councill,  Cunningham,  Darden,  Dickson,  Douth- 
itt,  Durham,  Foster  of  Ashe,  Fuller,  Gorrell,  Graham,  Har- 
grove, Hearne,  Headen,  Hicks,  Holden,  Howard,  Jones  of  Cald- 
well, Joyce,  Kelly,  Leak  of  Richmond,  Long,  Lyon,  McDowell 
of  Madison,  McDuffie,  McNeill  of  Cumberland,  Michal,  Miller, 
Mitchell,  Murrill,  Osborne,  Penland,  Phifcr,  Reid,  Rhodes, 
Ruffin,  Satterthwaite,  Schenck,  Setzer,  Shipp,  Smith  of  John- 
ston, Starbuck,  Strong  of  Mecklenburg,  Sutherland,  Thornton, 
Turner,  Williams,  Williamson,  Woodfin  and  Wooten — 60. 

Noes — Messrs.  Allison,  Badger,  Christian,  Jones  of  Rowan, 
Meares,  Smith  of  Macon,  Sprousc,  Warren  and  Wilson — 9. 

Mr.  Graham  moved  to  amend  the  4th  section  of  the  ordinance 
by  inserting  after  the  word,  "command,"  in  the  4th  line,  the 
words  "  of  companies,"  which  was  agreed  to. 

Ho  moved  to  amend  further  by  striking  out  the  7th  section. 

Mr.  Gorrell  moved  to  amend  the  said  7tli  section  as  follows : 
Provided  further,  that  such  payments  may  be  made  in  treasury 
notes,  unless  otherwise  provided  by  law  ;  which  was  agreed  to. 

Mr.  Howard  moved  to  amend  the  same  section  by  striking  out 
the  words,  "who  shall  serve,"  and  inserting  the  words,  "whose 
term  of  service  shall  be,"  which  was  agreed  to. 


1862.]  STATE   CONVENTION.  77 

The  question  then  recurring  on  the  motion  of  Mr.  Graham  to 
strike  out  the  section,  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Howard,  and  resulted  in  the  negative,  as  follows : 

Ayes— Messrs.  Allison,  Badger,  Berrj,  Calloway,  Councill, 
Graham,  Kelly,  IManning,  Mitchell,  Ruffin,  Satterthwaite  and 
Sprouse — 12. 

Noes— Messrs.  Battle  of  Edgecombe,  Battle  of  Nash,  Battle 
of  Wake,  Bogle,  Bond,  Brodnax,  Brown,  Caldwell,  Cannon, 
Cunningham,.  Darden,  Dickson,  Douthitt,  Durham,  Foster  of 
Ashe,  Foster  of  Randolph,  Foy,  Fuller,  Gorrell,  Green,  Green- 
Ice,  Hargrove,  Headen,  Ilicks,  Ilolden,  Houston,  Howard,  Jones 
of  Caldwell,  Jones  of  Rowan,  Joyce,  Kittrell,  Leak  of  Richmond, 
Long,  Lyon,  McDowell  of  Madison,  McDuffie,  Mearcs,  Mebane, 
Michal,  Miller,  Murrill,  Myers,  Osborne,  Penland,  Phifer,  Reid, 
Rhodes,  Royster,  Schenck,  Setzer,  Shipp,  Smith  of  Johnston, 
Starbuck,  Strong  of  Mecklenburg,  Sutherland,  Tliornton, 
Turner,  Warren,  Williams,  Williamson,  Wilson,  Woodfin  and 
Wooten— 63. 

Mr.  Myers  moved  that  the  Convention  do  now  adjourn,  and 
it  was  not  agreed  to. 

Mr.  Green  moved  to  amend  the  second  section  of  the  ordi- 
nance under  consideration,  by  inserting  before  the  word  "and," 
the  words,  "one-third  of,"  and  it  was  not  agreed  to. 

Mr.  Starbuck  moved  to  amend  section  4,  line  3,  by  inserting, 
after  the  word  "field,"  the  words,  "for  twelve  months,"  which 
was  agreed  to. 

The  question  was  then  put  on  the  final  passage  of  the  ordi- 
nance, and  decided  in  the  affirmative. 

Mr.  Howard  moved  to  reconsider  the  vote  by  which  the  above 
ordinance  passed  the  third  reading,  and  the  motion  did  not  pre- 
vail. 

On  motion  of  Mr.  Setzer,  the  Convention  adjourned. 


78  .  JOURNAL   OF  THE  [8d  Session, 


1 


IN  CONVENTION,  Tuesday,  February  18,  1862. 

The  Convention  met,  Hon.  William  A.  Graham  in  the  Chair. 

The  journal  of  yesterday  was  road  and  approved. 

On  motion  of  Mr.  Fuller,  leave  of  absence  was  granted  to 
^Ir.  Sutherland. 

On  motion  of  Mr.  Michal,  the  resolution  introduced  by  him 
on  yesterday,  in  relation  to  the  sessions  of  the  Convention,  was 
then  taken  up  for  consideration. 

Mr.  Satterthwaite  moved  to  amend,  by  providing  that  the 
morning  session  expire  at  three  o'clock,  with  a  recess  until  seven. 

On  motion  of  j\Ir.  Dickson,  the  resolution  was  ordered  to  lie 
on  the  tabic. 

Mr.  Starbuck  introduced  an  ordinance  concerning  the  organ- 
ization of  the  drafted  militia,  which  passed  its  first  reading. 

The  President  laid  before  the  Convention  a  communication 
from  the  Board  of  Claims,  which,  on  motion  of  Mr.  llcid,  was 
referred  to  a  select  committee. 

Mr.  Long  moved  that  the  document  accompanying  be  printed. 
On  this  question,  the  ayes  and  noes  were  ordered,  on  motion  of 
Mr.  Badger,  and  resulted  as  follows : 

Ayes — Messrs.  Badger,  Battle  of  Edgecombe,  Battle  of  Nash, 
Battle  of  Wake,  Berry,  Bond,  CalloAvay,  Cannon,  Councill, 
Cunningham,  Douthitt,  Foster  of  Ashe,  Foster  of  Randolph, 
Graham,  Green,  Greenlee,  Headen,  Howard,  Jones  of  Cabbvel], 
Jones  of  Rowan,  Kelly,  Kittrell,  Long,  Lyon,  Manning,  McDuffie, 
McNeill  of  Cumberland,  Murrill.  Myers,  Phifcr,  Reid,  Rhodes, 
Royster,  Shipp,  Smith  of  Johnston,  Speed,  Sprouse,  Spruill  of 
Tyrrell,  Starbuck,  Thornton,  Warren,  Williams,  Wilson  and 
Wooten — 14. 

Noes — Messrs.  Allison,  Bogle,  Brodnax,  Brown,  Darden, 
Dickson,  Durham,  Foy,  Fuller,  GorrcR,  Ilcarne,  Ilicks,  lloldcn, 
Houston,  Joyce,  Leak  of  Richmond,  Mann,  McDowell  of  Madi- 
son, Mebane,  Michal,  Miller,  Mitchell,  Penland,  Ruffin,  Satter- 
thwaite, Scheuck,  Setzcr,  Smith  of  jSLacon,  Strong  of  Mecklen- 
burg, Sutherland,  Thomas  of  Jackson,  Turner  and  Woodfin — ^33. 

The  rule  on  yesterday  introduced  by  Mr.  Gilmer,  was  now 
taken  up  for  consideration. 


1862.]  STATE  CONVENTION.  1^ 

Mr.  Howard  moved  that  it  lie  on  the  table. 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Badger,  and  resulted  as  follows  : 

Ayes — Messrs.  Allison,  Battle  of  Edgecombe,  Battle  of  Nash, 
Battle  of  Wake,  Berry,  Bond,  Calloway,  Cannon,  Dickson, 
Douthitt,  Foy,  Fuller,  Graham,  Headen,  Houston,  Howard, 
Jones  of  Caldwell,  Kelly,  Leak  of  Richmond,  Long,  Mann, 
Manning,  McDowell  of  Madison,  McDuffie,  McNeill  of  Cumber- 
land, Mebane,  Murrill,  Myers,  Penland,  Rhodes,  Ruffin,  Satter- 
thwaite,  Setzer,  Shipp,  Speed,  Sprouse,  Starbuck,  Strong  of 
Mecklenburg,  Sutherland,  Thornton,  Turner,  Woodfin  and 
Wooton— 4.3. 

Noes — Mes.srs.  Badger,  Brown,  Cunningham,  Darden,  Dur- 
ham, Gorrell,  Green,  Greenlee,  Hicks,  Holden,  Jones  of  Rowan, 
Joyce,  Michal,  Miller,  Mitchell,  Osborne,  Phifer,  Reid,  Schenck, 
Smith  of  Johnston,  Thomas  of  Jackson,  Warren,  Williams, 
Williamson  and  AVilson — 25. 

Mr.  Woodfin  moved  to  take  up  for  consideration  the  resolution 
in  relation  to  the  issue  of  Bonds  to  the  Western  North  Carolina 
Railroad  Company. 

On  motion  of  Mr.  Badger,  said  motion  was  ordered  to  lie  on 
the  table. 

Ou  motion  of  iMr.  Woodfin,  the  committee  on  Finance  was 
authorized  to  sit  during  the  Convention. 

The  President  announced  that  he  had  received  a  communi- 
cation :  whereupon,  on  motion  of  Mr.  Badger,  the  Convention 
proceeded  to  sit  with  closed  doors.  After  so  remaining  for  some 
time,  the  doors  were  opened,  and  the  Convention  took  a  recess 
until  4  o'clock,  P.  M. 


4   O'CLOCK,  P.   M. 

The  Convention  met.     The  President  announced  the  following 
Committees : 

On  the  Report  of  the  Board  of  Claim» — Messrs.  Mebane, 
Long,  Miller,  Williamson  and  Phifer. 
46 


ao  THE      r»i> 

On  tJie,  Governor's  Communication — Messrs.  Osborne,  Mc» 
Duffie,  Foster  of  Randolph,  Warren  and  Brown. 

Mr.  Leak,  of  Richmond,  moved  to  take  up  the  ordinance 
reported  by  him,  in  relation  to  the  distillation  of  grain  ;  which 
was  agreed  to. 

The  ordinance  having  been  read,  he  moved  to  amend  by 
striking  out  all  after  the  ordaining  clause,  and  inserting  in  lien 
thereof  an  ordinance  in  substance  prohibiting  the  distillation  of 
hquor  from  grain  after  twenty  days  from  the  passage  of  the 
ordinance,  for  one  year,  subject,  however,  to  repeal  by  the  Gen- 
eral Assembly :  the  punishment  in  case  of  conviction,  to  be  a 
fine  of  not  less  than  five  hundred  dollars,  :ind  imprisonment 
not  less  than  one  month ;  also  making  it  the  duty  of  the  Judge 
of  the  Superior  Court  to  give  the  ordinance  in  charge  to  the 
Grand  Jury. 

Mr.  Berry  moved  to  amend  the  amendment  by  striking  out  all 
after  the  ordaining  clause,  providing  for  the  prohibition  of  the 
manufacture  from  the  15th  of  March  until  the  4th  Monday  of 
November,  punishing  oflenders  by  fine  or  imprisonment,  the 
fine  to  be  not  less  than  $100,  and  the  imprisonment  not  less 
than  thirty  days,  and  a  forfeiture  for  each  offence  of  Si, 000, 
one-half  to  the  person  who  shall  sue  for  the  same,  and  the  other 
half  to  the  poor  of  the  county. 

The  amendment  to  the  amendment  prevailed,  and  the  question 
recurring  on  the  passage  of  the  ordinance,  as  umended,  its 
second  reading,  it  was  agreed  to. 

On  motion,  the  rules  were  suspended,  and  the  ordinance  read 
the  third  time. 

Mr.  Michal  moved  to  amend  by  striking  out  all  after  the 
ordahiing  clause  and  inserting  a  substitute,  providing  that  the 
price  of  all  liquors  distilled  from  grain,  after  the  ratification  of 
the  ordinance,  shall  be  limited  to  seventy-five  cents  per  gallon, 
and  each  gallon  sold  or  exchanged  for  a  greater  price  shall  subject 
the  seller  or  exchanger  to  a  forfeiture  of  $500  for  each  oiTence. 
Providing,  also,  that  each  distiller  shall  render,  on  oath,  a  list  of 
the  persons  to  whom  he  has  sold  liquor,  the  number  of  gallons 
sold,  and  bushels  of  grain  distilled  within  twelve  months,  and  pay 


1862.]  STATE   CONVENTION.  Si 

a  tax  of  twenty-five  cents  a  gallon  on  all  he  has  sold.  Providing, 
also,  that  any  distiller  who  shall  make  a  false  list  shall  be  guilty 
of  misdemeanor,  and  on  conviction,  pay  a  fine  of  $500,  and  be 
imprisoned  for  six  months.  Providing,  also,  that  any  person 
who  shall  carry  or  cause  to  be  carried  out  of  the  State,  any 
]i('luor  Jhuited  in  price  by  this  ordinance,  or  sell  to  a  non-resi- 
dent, or  act  as  the  agent  of  such  for  the  purchase  of  spirits, 
shall  be  guilty  of  a  misdemeanor,  and  on  conviction,  pay  a  fine 
of  not  less  than  $500,  and  be  imprisoned  not  less  than  six 
months  for  each  offence.  Providing,  also,  that  any  person  who 
ghall  deliver  or  transfer  the  possession  of  such  spirits  or  liquor  as 
has  been  limited  in  price  by  this  ordinance,  in  pursuance  of  any 
bargain,  contract  or  engagement,  made  beyond  the  jurisdiction  of 
the  courts  of  the  county  in  which  said  spirits  or  liquor  has  been 
delivered  or  transferred,  and  shall  receive  a  greater  considera- 
tion than  seven-five  cents  per  gallon  for  the  same,  he  shall  be 
tried  in  the  county  where  such  dealing  or  transfer  was  made, 
and  on  conviction,  shall  pay  a  fine  of  not  less  than  $500,  and 
be  imprisoned  not  less  than  six  months.  Providing,  further, 
that  the  ordinance  shall  be  in  force  during  the  war,  and  no  longer. 

To  perfect  the  ordinance,  prior  to  the  question  on  the  amend- 
ment, Mr.  Graham  moved  to  strike  out  all  that  part  relating  to 
a  forfeiture,  which  was  agreed  to. 

The  question  now  recurring  on  the  amendment  of  Mr.  Michal, 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Battle,  of 
]^ash,  and  resulted  as  follows : 

Ayes — Messrs.  Battle  of  Edgecombe,  Brown,  Cunningham, 
Douthitt,  Holden,  Kelly,  Lyon,  McDowell  of  Madison,  Micluil, 
Mitchell,  Osborne,  Phlfer,  Sanders,  Sliipp,  Smith  of  Johnston, 
Spruill  of  Tyrrell,  and  Turner — 17. 

Noes — Messrs.  Allison,  Badger,  Battle  of  Nash,  Battle  of 
Wake,  Berry,  Bogle,  Caldwell,  Calloway,  Cannon,  Christian, 
Dickson,  Foster  of  Ashe,  Foster  of  Randolph,  Foy,  Fuller, 
Gorrell,  Graham,  Green,  Greenlee,  Hearne,  Ileaden,  Hicks, 
Houston,  Jones  of  Caldwell,  Jones  of  Rowan,  Joyce,  Kittrell, 
Leak  of  Richmond,  Long,  Mann,  Manning,  McDuffie,  McNeill 
of  Harnett,  Meares,   Mebane,  Miller,  Mnrrill,  Myers,   Reid, 


82  JOURNAL  OF  THE  [3d  Session, 

Rhodes,  Royster,  Ruffin,  Schenck,  Setzer,  Smith  of  Macon. 
Speed,  Sprouse,  Starbuck,  Strong  of  Mecklenburg,  Thomas  of 
Jackson,  Thornton,  AVarren,  Washington,  Williams,  Wilson  and 
Wooten — 57. 

Mr.  Battle  moved  to  amend  by  striking  out  "the  4th 
Thursday  in  November";  which  was  not  agreed  to. 

Mr.  Gorrell  moved  to  amend  by  striking  out  all  after  the 
ordaining  clause,  and  inserting  an  ordinance  providing  for  ii  tax 
of  twenty-five  cents  a  gallon  on  each  gallon  distilled  from  grain, 
requiring  each  distiller  to  render,  on  oath,  the  number  of  gallons 
distilled,  subjecting  each  distiller  failing  to  render  the  list  to  a 
forfeiture  of  five  hundred  dollars,  and  making  false  swearing  as 
to  the  number  of  gallons,  perjury. 

On  motion  of  Mr.  Shipp,  the  Convention  adjourned. 


IN  CONVENTION,  Wednesday,  February  19,  1862. 

The  Convention  met,  the  President  in  the  Chair. 

The  joui'nal  of  yesterday  was  read  and  approved. 

Mr.  Graham  presented  a  petition  from  the  officers  of  the  19th 
Regiment  North  Carolina  Troops,  Col.  Spruill,  asking  that  the 
reo-iment  be  supplied  with  horses,  arms  and  accoutrements, 
which,  on  his  motion,  was  referred  to  a  select  committee. 

The  President  appointed  the  following :  Messrs.  Graham, 
Woodfin,  Schenck,  Barnes  and  Cunningham. 

Mr.  Battle,  of  Wake,  oflfered  a  resolution  authorizing  a  loan 
to  Tappey  &  Lumsden,  to  insure  the  establishment  of  an  iron 
manufactory  in  the  county  of  Nash,  which,  on  his  motion,  was 
referred  to  a  select  committee. 

The  President  appointed  Messrs.  Battle  of  Wake,  Bogle, 
Allison,  Thomas  of  Carteret,  and  Washington. 

The  unfinished  business  of  yesterday  was  now  taken  up,  th« 
question  being  on  the  amendment  proposed  by  Mr.  Gorrell. 

Mr.  Gorrell  withdrew  his  amendment,  and  offered  another, 
providing,  in  addition,  for  a  tax  of  ten  cents  on  each  gallon  of 
liquor  distilled  from  fruit,  reserving  the  money   arising  from 


•if- 


1862.]  vSTATE  CONVENTION.  83 

fines  and  forfeitures  to  rchnburse  the  Treasury  for  bounties  paid 
to  soldiers  ;  and  giving  power  to  the  General  As^^embly  to 
repeal  or  modify  the  ordinance;  it  also  provides  a  tax  of  fifty 
cents  on  each  gallon  of  liquor  brought  into  the  State. 

On  this  (juestion  tlie  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Green. 

Mr.  Jones,  of  Ko-\vau,  asked  a  division  of  the  cjucstiou,  and 
the  vote  was  first  taken  on  striking  out,  and  resulted  in  tlie 
negative,  as  follows: 

Ayes — Messrs.  Allison,  Battle  of  Nash,  Brodnax,  Brown, 
Calloway,  Christian,  Douthitt,  Durham,  Foster  of  Aslie,  Eoster 
of  Randolph,  Gilmer,  Gorrell,  Ileadcn,  If  olden,  Jones  of  RoAvan, 
Joyce,  Kelly,  Long,  McDowell  of  Madison,  McDuffie,  McNeill 
of  Cumberland,  Mebane,  Michal,  Mitchell,  Murrill,  Osborne, 
Phifer,  Reid,  Ruffin,  Satterthwaite,  Setzer,  Shipp,  f^prouse, 
StaiJ.nick,  Williamson,  Wilson  and  Wooten — 37. 

Noes — Messrs.  Badger,  Battle  of  Edgecombe,  Battle  of 
Wake,  Berry,  Bogle,  Caldwell,  Cannon,  Cunniiighaui,  Darden, 
Dick,  Dickson,  Edwards,  Foy,  Fuller,  Graham,  Green,  Uearno, 
Hicks,  Holmes,  Houston,  Kittrell,  Leak  of  Richmond,  Lyon, 
Mann,  Manning,  McNeill  of  Harnett,  Meares,  Miller,  Pen- 
land,  Rhodes,  Sanders,  Schenck,  Smith  of  Johnston,  Smith  of 
Macon,  Speed,  Strange,  Strong  of  Mecklenburg,  Stron-^  of 
Wayne,  Sutherland,  Thomas  of  Jackson,  Thompson,  Thornton, 
Turner,  Warren,  Washington  and  Woodfin — 47. 

Mr.  Sprouse  moved  to  amend  by  adding  that  manufacturers 
of  cotton  yarns  and  cloth,  should  not  sell  yarns  at  more  than 
thirty  cents  per  pound,  shirtings  at  more  than  fifteen  cents,  and 
osnaburga  at  more  than  twenty  cents  per  sf|uarc  yard;  pro- 
viding also  that  they  bhall  neither  sell  their  produeth  out  of  the 
State,  nor  to  non-residents,  the  penalties  for  violations  of  this 
part  of  the  ordinance,  for  first  oflcuse,  of  a  fine  of  not  less  than 
one  hundred  dollars,  and  for  the  second  ofi"ense,  imprisonment 
of  not  more  than  one  month. 

The  hour  having  arrived,  the  Convention  took  a  recess. 


84  JOURNAL  OF  THE  [3d  Session, 


4  O'clock,  P.  M. 

The  Oouvention  rc-asaemblecl,  Afhen  Mr.  Battle,  of  Wake, 
from  tlic  committee  on  Enrollments,  reponetl  as  correctly  en- 
rolled, au  ordinance  to  riiitjc  Korth  Carolina's  quota  of  Con- 
federate troops,  whicli  was  duly  ratified  in  open  Convention. 

Mr.  Graham,  from  the  committee  on  the  petition  of  officers 
of  the  10th  Regiment  N.  C.  troops,  reported  a  resolution  on 
tlie  subject,  which,  on  a  suspension  of  the  rules,  was  now  con- 
sidered and  agreed  to,  ' 

The  morning  business  was  then  resumed,  the  pending  ques- 
tion being  on  the  amendment  of  Mr.  Sprousc. 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  2tlr.  Sprousc,  and  resulted  in  the  negative,  as  follows: 

Ayes — Messrs.  Calloway,  •  Christian,  Cunningham,  Dick, 
Douthjtt,  Durham,  I'oster  of  Ashe,  Gilmer,  Hearne,  Heaven, 
Jones  of  Rowan,  Joyce,  Leak  of  Richmond,  Lyon,  Mann, 
McNeill  of  Cumberland,  Murrill,  Satterthwaite,  Setzer,  Smith 
of  Johnston,  Sprouse,  Stavbuck,  Tliornton,  Wilson  and  Woo- 
ten— 25. 

Noes — Messrs.  Allison,  Badger,  Rarnes,  Battle  of  Edge- 
combe, Battle  of  Nash,  Battle  of  Wake,  Berry,  Bogle,  Brown, 
Caldwell,  Cannon.  D;irden,  Dickson,  Edwards,  Eoy,  Fuller, 
Gorrell,  Graham,  Green,  Hicks,  Holden,  Holmes,  Houston, 
Howard,  Jones  of  CaldAvell,  Kelly,  Long,  Manning,  McDuffie, 
McNeill  of  Harnett,  Meares,  Mebane,  Miller,  Mitchell,  Osborne, 
Penland,  Bhifer,  Reld,  Rhodes,  Royster,  Ruffin,  Sanders, 
Schenck,  Shipp,  Snath  of  Macon,  Speed,  Spruill  of  Tyrrell, 
Strange,  Strong  of  Mecklenburg,  Strong  of  Wayne,  Sutherland, 
Turner,  Warren,  Wa.4i.ingtou  and  Woodlin — oO. 

^Ir.'tBadger  moved  the  following:  '-Provided  that  the  pro- 
ducers of  any  grain  :<peci"fied  in  tliis  ordinance,  over  and  above 
Avhat  may  he  necessary  for  \iU  own  consumption,  shall  be  al- 
lowed to  distil  the  same.'' 

Mr.  Ruffin  moved  to  amend  the  amendment  as  follows : 
''  That  distillers  shall  be  permitted  to  distil  all  grain  already 
purchased  by  them  for  that  purpose,"  Avhich  was  not  agreed  to. 


The  ^question  recurred  on  the  amendment  of  Mr.  Badger,  on 
which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Battle, 
of  Wake,  and  resulted  in  the  affirmative,  as  follows  : 

Ayes — Messrs.  Badger,  Barnes.  Battle  of  Nash,  Battle  of 
Wake,  Berry,  Boo;le,  Brown,  Calloway.  Cannon,  Cliristian, 
Darden,  Dick,  Douthitt,  Edwards,  Foster  of  Ashe,  Foster  of 
Randolph,  Graham,  Green,  Hearne,  Holden,  Jones  of  Rowan, 
Joyce,  Kelly,  Loi-.k  of  Richmond,  Mann,  Manninjr,  McNeill  of 
Cumberland,  Meares,  Mebane,  Miclial,  Miller,  Murrili,  O.-bornc, 
Phifer,  Rcid,  Rnffin,  Sanders,  Satterthwaite.  Schenck,  Setzer, 
Shipp,  Smith  of  Johnston,  Smith  of  Macon,  Sprouse,  Starbuck, 
Strong  of  Wayne,  'I'homas  of  Jackson,  Thornton,  Tiu'ner, 
Warren,  Washington,  Woodfin  and  Wooten — 53. 

Noes — Messrs.  Allison,  Battle  of  Edgecombe.  Brodnax, 
Caldwell,  Cunningliam,  Dickson,  Durham,  Fuller,  Gilmer,  Gor- 
rell,  Headen,  Jlicks,  Ilohnes.  Houston,  Howard.  Jones  of  Cald- 
well, Long,  Lyon.  McDuffie,  McNeill  of  liarnett.  Mitchell, 
Penland,  Rhodes,  Royster,  Speed,  Spiuill  of  Tyrvell.  Strange, 
Strong  of  Mecklenburg,  Sutherland  and  Wilson — ■30, 

Mr.  Ruffin  moved  to  amend  by  striking  out  *' March"  and 
inserting  *' April,'"  which  was  not  agreed  to. 

He  moved  to  strike  out  "  15th  of  March,'"  and  Insert  "  let 
of  April,"  on  which  the  ayes  and  noes  were  ordered,  on  his 
motion,  and  resulted  in  the  afiirmative,  as  follows : 

Ayes — Messrs.  Barnes,  Battle  of  Nasb,  Battle  of  Wake, 
Brodnax,  Brown,  Calloway,  Cannon,  Christian,  Conncill,  Dick- 
son, Douthitt,  Durham,  Foster  of  Ashe,  Foster  of  Randolph, 
Gilmer,  Gorrell,  Graham,  Hearne,  Headeu,  Holden,  Jones  of 
Rowan,  Joyce,  Leak  of  Richmond,  Long,  Mann,  Mannim^, 
McDowell  of  Madison,  McDufBe,  McNeill  of  Cumberland  Mc- 
Neill of  Harnett,  Meares,  Mebane,  Michal,  Miller,  Mitchell, 
Murrili,  Osborne,  Phifer,  Reid,  Rnffin,  Satterthwaite,  Setzer. 
Shipp,  Sprouse,  Starbuck,  Thornton,  Warren,  Wilson,  Woodfin 
and  Wooten — 50. 

Noes — Messrs.  Allison,  Badger,  Battle  of  Edgecombe,  Berry, 
Bogle,  Caldwell,  Cunningham,  Darden,  Dick,  Edwards,  Fuller, 
Green,  Hicks,  Holmes,  Houston,  Howard,  Jones  of  Caldwell, 


m  JOURNAL  OF  THE  [Sd  SsssiON, 

Kelly,  Lyon,  Pcnland,  Rhodes,  Royster,  Sanders,  Schenck, 
Smith  of  Jolinston,  Smith  of  Macon,  Speed,  Spruill  of  Tyrrell, 
Strange,  Strong  of  Mecklenburg,  Strong  of  Wayne,  Sutherland, 
Thomas  of  Jackson,  Turner  and  Washington — 85, 

Mr.  Strong,  of  W^ayne,  moved  to  reconsider  the  vote  by 
which  the  amendment  of  Mr.  Badger  was  adopted,  on  which 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Schenck, 
and  resulted  in  the  negative,  a.?  folloAvs : 

Ayks — Messrs.  Battle  of  Edgecombe,  Berry,  Bogle,  Brod- 
jiax,  Caldwell,  Cunningham,  Darden,  Dick,  Dickson,  Foy,  Ful- 
ler, Graham,  Green,  Hicks,  Ilolden,  Holmes,  Houston,  Howard, 
Jones  of  Caldwell,  Kelly,  Leak  of  Richmond,  Lyon,  Manning, 
McNeill  of  Harnett,  Mearcs,  Myers,  Penland,  Phifer,  Rhodes, 
Royster,  Sclienck,  Smith  of  Ma.con,  Spruill  of  Tyrrell,  Strange, 
Strong  of  Mecklenburg,  Strong  of  Wayne,  Sutherland,  Turner, 
Washington  and  Woodfin — 40. 

Noes — Messrs.  Allison,  Badger,  Barnes,  Battle  of  Nash, 
Battle  of  Wake,  Brown  Calloway,  Cannon,  Christian.  Douthitt, 
Durham,  Edwards,  Foster  of  Ashe,  Foster  of  Randolph,  Gil- 
mer, Gorrcll,  Hearne,  Headen,  Jones  of  Rowan,  Joyce,  Long, 
Mann,  McDov,'oll  of  Madison,  Mebane,  Michal,  Miller,  Murrill, 
Osborne,  Reid,  Ruffin,  Sanders,  Satterthwaite,  Setzer,  Shipp, 
Smith  of  Johnston,  Speed,  Sprouse,  Starbuck,  Thornton,  War- 
ren and  Wilson — 41. 

Mr.  Gorrell  moved  to  amend  the  ordinance  by  striking  out 
all  after  the  ordaining  clause,  and  inserting  the  amendment 
heretofore  offered  by  him,  modified  so  as  to  make  the  tax  on 
domestic  whiskey  20  cents,  instead  of  25  cents,  and  on  foreign 
liquor  40  cents  instead  of  fifty  cents,  per  gallon. 

Mr.  Howard  moved  to  amend  the  amendment  by  striking  out 
"20  "  and  inserting  "40,"  on  which  the  ayes  and  noes  were 
ordered,  on  motion  of  Mr.  }>adger,  and  resulted  in  the  afiirma- 
tive,  as  follows : 

Ayes — Messrs.  Badger,  Battle  of  Edgecombe,  Battle  of 
Wake,  Berry,  Boglu,  Cunningham,  Dickson,  Edwards,  Foy, 
Fuller,  Graham,  Green,  Hicks,  Holmes,  Houston,  Howard, 
Jones  of  Rowan,    Kelly,  Leak  of  Richmond,  Lyon,  Manning, 


1862.]  STATE   CONVENTION.  8t 

McDuffie,  McNeill  of  Harnett,  Miller,  Myers,  l>hifer,  Rhodes, 
Rojster,  Satterthwaite,  Schenck,  Shipp,  Smith  of  Johnston, 
Smith  of  Macon,  Spruill  of  Tyrrell,  Strange,  Strong  of  Meck- 
lenburg, Strong  of  Wayne,  Sutherland,  Thornton,  Turner, 
Warren,  Washington  and  Woodfin — 43. 

Noes — Messrs.  Allison,  Barnes,  Battle  of  Nash,  Brodnax, 
Brown,  Caldwell,  Calloway,  Cannon,  Christian,  Councill,  Dar- 
den,  Dick,  Douthitt,  Durham,  Foster  of  Ashe,  Foster  of  Ran- 
dolph, Gilmer,  Gorrell,  Hearnc,  Headen,  Ilolden,  Jones  of 
Caldwell,  Joyce,  Long,  INIann,  McDowell  of  Madison,  Meares, 
Mebane,  Michal,  Murrill,  Osborne,  Rcid,  Ruffin,  Sanders,  Setzer, 
Speed,  Sprouse,  Starbuck  and  Wilson — 39. 

Mr.  Badger  moved  to  amend  the  amendment,  by  striking  out 
"forty  cents,"  in  the  section  next  the  last,  and  inserting  "  one 
dollar." 

\  Mr.  Speed  moved  that  the  Convention  do  now  adjourn,  on 
which  the  ayes  and  noes  were  .ordered,  on  motion  of  Mr.  Fuller, 
and  resulted  in  the  negative,  as  follows  : 

AtES — Messrs.  Allison,  Badger,  Barnes,  Battle  of  Edge- 
combe, Battle  of  Nash,  Brodnax,  Cannon,  Councill,  Foy, 
Graham,  Ilolden,  Holmes,  Houston,  Howard,  Kelly,  Long, 
Mann,  Meares,  Murrill,  Rhodes,  Ruffin,  Sctzer,  Shipp,  Speed, 
Sprouse,  Spruill  of  Tyrrell,  Strange,  Strong  of  Mecklenburg, 
Strong  of  Wayne,  Thornton,  Turner  and  Warren — 32. 

Noes — Messrs.  Battle  of  Wake,  Berry,  Bogle,  Brown,  Cald- 
well, CalloAvay,  Christian,  Cunningham,  Dardcn,  Dick,  Dickson, 
Douthitt,  Durham,  Foster  of  Ashe,  Foster  of  Randolph,  Fuller, 
Gilmer,  Gorrell,  Green,  Hearnc,  Headen,  Hicks,  Jones  of  Cald- 
well, Jones  of  Rowan,  Joyce,  Leak  of  Richmond,  Lyon,  Man- 
ning, McDowell  of  Madison,  McDuffie,  McNeill  of  Harnett, 
Mebane,  Michal,  Miller,  Mitchell,  Myers,  Osborne,  Phifer,  Reid, 
Royster,  Sanders,  Satterthwaite,  Schenck,  Smith  of  Johnston, 
Smith  of  Macon,  Starbuck,  Sutherland,  Washington,  Wilson 
and  Woodfin — 50. 

The  pending  question  was  further  debated,  when, 

Mr.  Barnes  moved  an  adjournment,  on  which  the  ayes  and 
47 


88  JOURNAL  OF  THE  [3d  Session, 

noes  were  ordered,  on  motion  of  Mr.  Smith,  of  Johnston,  and 
resulted  in  the  affirmative,  as  follows  : 

Ayes — Messrs.  Allison,  Badger,  Barnes,  Battle  of  Edge- 
combe, Battle  of  Nash,  Battle  of  Wake,  Berry,  Bogle,  Brod- 
nax.  Brown,  Cannon,  Christian,  Councill,  Dickson,  Douthit^, 
Durham,  Foster  of  Ashe,  Foy,  Graham,  Hearne,  Holden, 
Holmes,  Houston,  Howard,  Jones  of  Rowan,  Kelly,  Leak  of 
Richmond,  Long,  Mann,  Manning,  Meares,  Mitchell,  Munill, 
Myers,  Osborne,  Rhodes,  Ruffin,  Satterthwaite,  Setzer,  Shipp, 
Sprouse,  Strange,  Strong  of  Mecklenburg,  Strong  of  Wayne, 
Thornton,  Turner  and  Warren — 47. 

Noes — Messrs.  Caldwell,  Calloway,  Cunningham,  Darden, 
Dick,  Foster  of  Randolph,  Fuller,  Gilmer,  Gorrell,  Green, 
Headen,  Hicks,  Jones  of  Caldwell,  Joyce,  Lyon,  McDuffie, 
McNeill  of  Harnett,  Mebane,  Michal,  Miller,  Phifer,  Reid, 
Royster,  Sanders,  Smith  of  Johnston,  Smith  of  Macon,  Star- 
buck,  Sutherland,  Washington,  Wilson  and  WoodiSn — 32. 

So  the  Convention  adjourned  to  10  o'clock  to-morrow  morning. 


IN  CONVENTION,  Thursday,  February  20,  1862. 

■  The  Convention  met,  the  President  in  the  Chair. 

The  journal  of  yesterday  was  read  and  approved. 

On  motion  of  Mr.  Jones,  of  Rowan,  leave  of  absence  was 
granted,  from  and  after  to-morrow,  to  Mr.  Setzer. 

Mr.  Satterthwaite  offered  a  resolution  empowering  the  Presi- 
dent to  employ,  for  the  remainder  of  the  session,  an  additional 
Enrolling  Clerk,  which  was  adopted  under  a  suspension  of  the 
rules. 

Mr.  Smith,  of  Johnston,  introduced  an  ordinance  to  amend 
the  8th  section  of  the  Constitution  of  the  State,  which  passed 
the  first  reading. 

Mr.  Allison  presented  a  petition  from  citiz«ns  of  Iredell 
County,  praying  measures  to  preserve  the  grain  of  the  State 
from  the  consumption  of  distillers,  which,  on  liis  motion,  was 
ordered  to  lie  on  the  table. 


1862.]  STATE   CONVENTION.  89 

t,  • 

On  motion  of  Mr.  Fuller,  leave  of  absence  was  granted  Mr. 
Lyon,  from  and  after  to-morrow, 

Mr.  Battle,  of  Nash,  from  the  select  committee  to  whom  was 
referred  a  resolution  to  loan  Tappey  and  Lumsden  a  certain 
amount  to  enable  them  to  establish  an  iron  foundry,  reported 
the  same  back,  and  recommended  its  passage. 

The  unfinished  business  of  yesterday  was  then  taken  up. 

Mr.  Howard  moved  to  amend  the  pending  amendment  (Mr. 
Gorreir.s),  by  striking  out  the  second  section  and  inserting  a 
provision  requiring  a  monthly  payment  of  the  tax,  and  certain 
penalties  in  case  of  failure  thereof,  which  was  agreed  to. 

Mr.  Schenck  moved  to  amend  the  proviso,  adopted  on  motion 
of  Mr.  Badger,  by  providing  that  no  person  shall  distil  any 
grain  except  of  his  own  producing  ;  on  which  the  ayes  and  noes 
were  ordered,  on  his  motion,  and  resulted  in  the  affirmative,  as 
follows  : 

Ayes — Messrs.  Allison,  Atkinson,  Badger,  Battle  of  Edge- 
combe, Battle  of  Wake,  Berry,  Bogle,  Brown,  Bunting,  Cannon, 
Christian,  Councill,  Cunningham,  Darden,  Dick,  Dickson,  Elli- 
son, Foster  of  Ashe,  Fuller,  Graham,  Green,  Holmes,  Houston, 
Howard,  Jones  of  Caldwell,  Leak  of  Richmond,  Lyon,  Manning, 
McNeill  of  Harnett,  Merritt,  Miller,  Mitchell,  Myers,  Phifer, 
Rhodes,  Royster,  Ruffin,  Satterthwaite,  Schenck,  Smith  of 
Johnston,  Smith  of  Macon,  Strange,  Strong  of  Mecklenburg, 
Sti'ong  of  Wayne,  Sutherland,  Thompson,  Thornton,  Turner, 
Warren,  Washington,  Williamson  and  Wooten — 52. 

Noes — Messrs.  Barnes,  Battle  of  Nash,  Brodnax,  Caldwell, 
Calloway,  Douthitt,  Durham,  Edwards,  Foster  of  Randolph, 
Foy,  Gilmer,  Gorrell,  Hearne,  Headen,  Holden,  Jones  of  Rowan, 
Joyce,  Kelly,  Kittrell,  Long,  Mann,  McDuffie,  Meares,  Mebane, 
Michal,  Murrill,  Osborne,  Reid,  Sanders,  Setzer,  Speed,  Sprouse, 
Spruill  of  Tyrrell,  Starbuck,  Wilson  and  Woodfin— 36. 

Mr.  Barnes  moved  to  amend  by  striking  out  that  part  of  the 
amendment  which  imposes  a  tax  on  liquor  distilled  from  fruit, 
on  which  the  ayes  and  noes  were  ordered,  on  his  motion,  and 
resulted  in  the  affirmative,  as  follows  : 

Ayes— Messrs.   Badger,   Barnes,  Battle  of  Nash,  Berry, 


90  JOURNAL  OF  THE  [3d  Session, 

Bogle,  ?5rown,  Bunting,  Calloway,  Cannon,  Christian,  Councill, 
Cunningham,  Dick,  Foster  of  Ashe,  Gilmer,  Graham,  Hearne, 
, Holden,  Jones  of  Caldwell,  Joyce,  Kelly,  Lyon,  Mann,  Man- 
ning, McNeill  of  Harnett,  Meares,  Mitchell,  Murrill,  Myers, 
'Phifer,  Reid,  Royster,  Sanders,  Schenck,  Setzer,  Smith  of 
Johnston,  Sprouse,  Starbuck,  Strong  of  Wayne,  Sutherland, 
Thompson,  Turner,  Warren,  Wilson  and  Wooten — 45. 

Noes — Messrs.    Allison,    Atkinson,    Battle   of   Edgecombe, 
<__  Battle  of  Wake,  Brodnax,  Caldwell,  Darden,  Dickson,  Douthitt, 
Durham,  Edwards,  Ellison,  Foster  of  Randolph,  Foy,   Fuller, 
Gorrell,  Green,   Headen,  Hicks,   Holmes,   Houston,    Howard, 
Jones  of  Rowan,  Kittrell,  Leak  of  Richmond,  Long,  McDulfie, 
Mebane,  Merritt,   Michal,   Miller,    Osborne,    Rhodes,   Ruffin, 
Satterthwaite,  Shipp,  Smith  of  Macon,  Speed,  Strange,  Thorn- 
ton, Washington,  Williamson  ami  Woodfin — 44. 
0         Mr.  Battle,   of  Wake,    moved  to  amend  by  striking  out  the 
tax  on  liquors  distilled  from  rye,  which  was  not  agreed  to. 
Mr.  Michal  moved  to  amend  by  fixing  the  tax  at  twenty-five 
Y    cents  per  gallon,  and  providing  a  penalty   of  ^1,000  and  six 
months  imprisonment,  for  adulterating  liquors  ;  which  was  not 
agreed  to. 

The  question  was  now  taken  on  Mr.  Badger's  amendment, 
offered  yesterday,  to  tax  liquors  brought  into  the  State,  one 
dollar  per  gallon  ;  and  it  was  agreed  to. 

He  now  moved  to  amend  the  sixth  section,  by  adding  the 
following— And  if  said  tax  shall  not  be  paid  by  the  person 
bringing  or  sending  the  same  into  the  State,  the  buyer  or 
receiver  shall  be  liable  for  the  same,  to  be  collected  in  the  man- 
ner specified  in  the  second  section  of  this  ordinance ;  which  was 
agreed  to. 

Mr.  Rufiin  moved  to  amend  by  striking  out  the  section,  on 
which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Badger, 
and  resulted  in  the  negative,  as  follows  : 

j^YES — Messrs.  Atkinson,  Barnes,  Battle  of  Edgecombe, 
Battle  of  Wake,  Bogle,  Brown,  Darden,  Dickson,  Durham,  Foy, 
Fuller,  Graham,  Jones  of  Caldwell,  Jones  of  Rowan,  Kelly, 
Lyon,  Mann,  McDuflBe,  McNeill  of  Cumberland,   McNeill  of 


1862.]  STATE  CONVENTION.  91 

Harnett,  Michal,  Mitchell,  Myers,  Osborne,  Reid,  Rhodes, 
Royster,  Ruffin,  Satterthwaite,  Schenck,  Shipp,  Strong  of 
Wayne,  Sutherland,  Thompson,  Turner,  Washington,  William- 
son and  Wooten — 38. 

Noes — Messrs.    Allison,    Badger,   Battle   of   Nash,    Berry 
Brodnax,  Caldwell,  Calloway,  Cannon,  Christian,  Councill,Dick 
Douthitt,  Edwards,  Ellison,  Foster  of  Ashe,  Foster  of  Ran- 
dolph, Gilmer,  Gorrell,  Green,  Hearne,  Headcn,  Hicks,  Holmes 
Houston,  Joyce,  Kittrell,  Leak  of  Richmond,  I^oJ^g^  Mannini^ 
Mebane,  Miller,  Murrill,  Phifer,   Sanders,    Setzer,    Smith    of 
Johrlston,  Smith  of  Macon,  Sprouso,  Starbuck,  Strange,  Strono- 
of  Meckb^nburg,  Thornton,  Warren,  W^ilson  and  Woodfin — 40. 

Mr.  Gorrell  moved  to  amend  by  striking  out  the  first  clause 
of  the  sixth  section,  and  inserting  a  substitute  which  he  offered  : 
and  it  was  not  agreed  to. 

Mr.  Meares  moved  to  strike  out  the  sixth  section,  and  insert 
a  provision  taxing  the  consumers  of  li(|Uors  brought  into  the 
State  ;  which  was  not  agreed  to.  -^ 

Mr.  Holmes  moved  to  strike  out  the  whole  of  Mr.  GorreU's  ^ 
amendment,  and  insert  "  that  all  distillation  shall  be  prohibited    ) 
between  the  2d  day  of  April  and  the  1st  day  of  December"  ; 
on  which  the  ayes  and  noes  were  ordered,  on  his  motion,  and 
resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Battle  of  Edgecombe,  Berry,  Bogle,  Bunting, 
Cunningham,  Darden,  Dickson,  Foy,  Fuller,  Green,  Hicks, 
Holmes,  Houston,  Kelly^  Leak  of  Richmond,  Lyon,  Mannino-, 
McDuffie,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Miller, 
Myers,  Phifer,  Rhodes,  Royster,  Sanders,  Smith  of  Johnston, 
Smith  of  Macon,  Spruill  of  Tyrrell,  Strange,  Strong  of  Meck- 
lenburg, Strong  of  Wayne,  Sutherland,  Thompson,  Thornton, 
Washington,  Woodfin  and  Wooten — 37. 

Noes — Messrs.  Allison,  Atkinson,  Badger,  Battle  of  Nash, 

l^j  Battle  of  Wake,  Brodnax,  Brown,  Caldwell,  Calloway,  Cannon, 

Christian,  Councill,  Dick,  Douthitt,  Durham,  Ellison,  Foster  of 

Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell,  Graham,  Hear  no, 

v^.____Headen,  Holden,  Jones  of  Caldwell,  Jones  of  RoAvan,  Joyce, 

Long,  Mann,  Meares,  Mebane,  Michal,  Mitchell,  Murrill,  Os- 


92  JOURNAL   OF  THE  [3d  Session, 

borne,  Kcid.  RuflSu,  Satterthwaite,  Schenck,  Setzer,  Shipp, 
Speed,  Sprouse,  Starbuck,  Turner,  Warren,  Williamson  and 
Wilson -48. 

The  question  then  recurred  on  the  amendment  of  Mr.  Gorrell, 
as  amended,  on  vrhich  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Fuller,  and  resulted  In  the  negative,  as  follows : 

Ayes — Messrs.  Allison,  Barnes,  Battle  of  Nash,  Brodnax, 
Brown,  Calloway,  Christian,  Councill,  Douthitt,  Durham,  Foster 
of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell,  Headen,  Holden, 
Jones  of  Caldwell,  Jones  of  Rowan,  Joyce,  Long,  Mann, 
McDuffie,  McNeill  of  Cumberland,  Meares,  Mebanc,  Michal, 
Miller,  Mitchell,  Murrill,  Osborne,  Reid,  Ruffin,  Setzer,  Shipp, 
Spruill  of  Tyrrell,  Starbuck,  Williamson  and  Wilson — 38. 

Noes — Messrs.  Atkinson,  Badger,  Battle  of  Edgecombe,  Battle 
^^  of  Wake,  Berry,  Bogle,  Bunting,  Caldwell,  Cannon,  Cunning- 
ham, Darden,  Dick,  Dickson,  Ellison,  Foy,  Fuller,  Graham, 
Green,  Hearne,  Hicks.  Holmes,  Houston,  Howard,  Kelly,  Leak 
of  Richmond,  Lyon,  Manning,  ]McNcill  of  Harnett,  Myers, 
Phifer,  Rhodes,  R oyster,  Sanders,  Satterthwaite,  Schenck, 
Smith  of  Johnston,  Smith  of  Macon,  Speed,  Sprouse,  Strange, 
Strong  of  Mecklenburg,  Strong  of  Wayne,  Sutherland,  Thomp- 
son, Thornton,  Turner,  Warren,  Washington,  Woodfin  and 
Wooten — 50. 

Mr.  Gilmer  moved  to  amend  by  striking  out  all  after  the 
ordaining  clause,  and  inserting  in  lieu  thereof,  an  ordinance  to 
prevent  distillation  after  the  15th  of  April,  and  providing  for  a 
tax  on  all  liquors  sold,  domestic  or  foreign. 

Pendins:  the  consideration  of  this  amendment  the  hour 
arrived,  and  the  Convention  took  a  recess. 


< 


^ 


4  O'CLOCK,  p.  M. 

Mr.  Badger  introduced  an  ordinance  to  exempt  from  militia 
duty  and  military  service,  members  of  the  society  of  Friends, 
commonly  called  Quakers,  which  passed  its  first  reading. 


1862.]  STATE  CONVfiNI^ION.  98 

The  morning's  business  was  resumed,  the  question  being  on 
the  amendment  offered  by  Mr.  Gilmer. 

The  question  being  put,  the  ayes  and  noes  were  ordered,  on 
motion  of  Mr.  Graham,  and  resulted  in  the  affirmative,  as  follows : 
Ayes— Messrs.  Allison,  Atkinson,   Barnes,   Battle  of  Edge- 
combe, Bogle,.  Brodnax,  Bunting,  Cannon,  Christian,  Cunning- 
ham,   Darden,    Dick,    Dickson,    Douthitt,    Durham,    Edwards, 
Foster  of  Ashe,  Foster  of  Randolph,  Foy,  Fuller,  Gilmer,  Gor- 
rell,  Headen,  Hicks,  Holden,  Holmes,  Jones  of  Rowan,  Joyce, 
Kelly,  Long,  Lyon,  Mann,  Manning,  McNeill  of  Cumberland^ 
Mebane,    Miller,    Mitchell,    Murrill,     Osborne,   Phifer,    Reid,' 
Rhodes,  Royster,  Ruffin,  Sanders,  Satterthwaite,  Shipp,  Smith 
ot  Johnston,  Starbuck,  Strange,  Strong  of  Mecklenburg,  Strong 
of  Wayne,  Thornton,  Turner,  Washington,  Williamson,  Wilson"^ 
Woodfin  and  Wooten — 59. 
*      Noes— Messrs.  Badger,  Battle   of  Nash,   Battle  of  Wake, 
Berry,  Caldwell,  Calloway,  Ellison,   Graham,   Green,    Hearno^ 
Leak  of  Richmond,  Michal,  Myers,  Schenck,  Setzer,  Smith  of 
Macon,  Speed,  Sprouse  and  Warren — 19. 

Mr.  Leak,  of  Richmond,  now  moved  to  amend  by  striking  out 
all  after  the  ordaining  clause,  and  inserting  a  prohibition  after 
the  first  of  April ;  and  it  was  not  agreed  to. 

Mr.  Barnes  moved  to  amend  by  inserting  a  provision  allowing 
any  person  to  distil  his  own  grain,  on  which  the  ayes  and  noes 
wei-e  ordered,  on  his  motion,  and  resulted  in  the  negative,  as 
follows : 
^r  Ayes— Messrs.  Atkinson,  Badger,  Barnes,  Battle  of  Wake, 
Berry,  Calloway,  Christian,  Durham,  Foster  of  Ashe,  Graham^ 
-^ —  Hearne,  Holden,  Jones  of  Caldwell,  Joyce,  Mann,  Mebane, 
Michal,  Reid,  Ruffin,  Sanders,  Satterthwaite,  Schenck,  Setzer' 
Smith  of  Johnston,  Sprouse,  Starbuck,  Warren  and  William- 
son—28. 

Noes— Messrs.  Allison,  Battle  of  Edgecombe,  Battle  of  Nash, 
Bogle,  Brodnax,  Bunting,  Caldwell,  Cannon,  Cunningham,  Dar' 
den,  Dick,  Dickson,  Douthitt,  Edwards,  Ellison,  Foy,  Fuller, 
Gilmer,  Gorrell,  Green,  Headen,  Hicks,  Holmes,  Jones  of 
Rowan,  Kelly,  Leak  of  Richmond,  Long,  Lyon,  Manning,  Mc- 


U  JOURNAL  OP  THE  [SdSessioi^, 

Buffie,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares, 
Miller,  Mitchell,  Myors,  Osborne,  Phifer,  Rhodes,  Royster, 
Shipp,  Smith  of  Macon,  Speed,  SprulU  of  Tyrrell,  Strange, 
Strong  of  Mecklenburg,  Strong  of  Wayne,  Thompson,  Thornton, 
Turner,  Washington,  Wilson,  AVoodfin  and  Wooten — 54. 

Mr.  Battle,  of  Nash,  moved  to  insert  a  provision  limiting  the 
price  of  liquor  distilled  to  ^1.00  per  gallon,  on  which  the  ayes 
and  noes  ■were  ordered,  on  his  motion,  and  resulted  in  the  nega- 
tive, as  follows : 

Ayes — Messrs.  Battle  of  Edgecombe,  Battle  of  Nash,  Bun- 
ting, Cannon,  Cunningham,  Darden,  Holmes,  Kelly,  Leak  of 
Richmond,  Lyon,  IManning,  McNeill  of  Cumberland,  Meares, 
Murrill,  Royster,  Smith  of  Johnston,  Smith  of  Macon,  Speed 
and  Turner — 19. 

Noes — Messrs.  Allison,  Atkinson,  Badger,  Barnes,  Battle  of 
Wake,  Berry,  Bogle,  Brodnax,  Caldwell,  Calloway,  Christian, 
Dick,  Dickson,  Douthitt,  Durham,  Edwards,  Ellison,  Foster  of 
Ashe,  Foster  of  Randolph,  Foy,  Fuller,  Gilmer,  Gorrell,  Graham, 
Green,  Headen,  Hicks,  Jones  of  Caldwell,  Jones  of  Rowan, 
Joyce,  Long,  McDuffie,  McNeill  of  Harnett,  Mebane,  Michal, 
Miller,  Mitchell,  Myers,  Phifer,  Reid,  Rhodes,  RufRn,  Sanders, 
Satterthwaite,  Schcnck,  Setzer,  $hipp,  Sprouse,  Spruill  of  Tyr- 
rell, Starbuck,  Strange,  Strong  of  Mecklenburg,  Strong  of 
Wayne,  Thornton,  Warren,  AVashington,  Wilson,  Woodfin  and 
Wooten— 59. 

Mr.  Sprouse  oflfered  an  amendment  prohibiting  any  manufac- 
turer of  cotton  or  woollen  goods  from  selling  the  same  out  of  the 
State,  or  to  a  non-resident. 

Mr.  Badger  moved  to  amend  the  amendment  by  extending 
the  prohibition  to  manufacturers  from  hair,  ilax,  tow,  or  other 
textile  fibre,  leather  or  raw-hides ;  which  was  accepted  by  Mr. 
Sprouse. 

The  question  being  put,  the  ayes  and  noes  were  ordered,  on 
motion  of  Mr.  Calloway,  and  resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Badger,  Calloway,  Christian,  Cunningham, 
Durham,  Hcarne,  McNeill  of  Cumberland,  Murrill,  Phifer, 
Setzer,  Smith  of  Johnston,  Speed,  Sprouse  and  Wooten — 14. 


1862.]  STATE  CONVEi^TION.  96 

Nobs — Messrs.  Allison,  Atkinson,  Barnes,  Battle  of  Edge- 
combe, Battle  of  Nash,  Battle  of  Wake,  Berry,  Bogle,  Brodnax, 
Bunting,  Caldwell,  Cannon,  Darden,  Dick,  Edwards,  Ellison, 
Foster  of  Ashe,  Foy,  Fuller,  Gilmer,  Gorrell,  Graham,  Green, 
Headen,  Hicks,  Holden,  Holmes,  Jones  of  Caldwell,  Jones  of 
Rowan,  Joyce,  Kelly,  Leak  of  Richmond,  Long,  Lyon,  Mann, 
McDuffie,  McNeill  of  Harnett,  Meares,  Mebane,  Michal,  Miller, 
Mitchell,  Osborne,  Reid,  Rhodes,  Royster,  Ruffin,  Sanders, 
Shipp,  Smith  of  Macon,  Spruill  of  Tyrrell,  Starbuck,  Strange, 
Strong  of  Mecklenburg,  Strong  of  Wayne,  Thompson,  Thornton, 
Turner,  Warren,  Washington,  Williamson,  Wilson  and  Wood- 
fin— 64. 

Mr.  Ellison  moved  to  insert  after  the  word  "misdemeanor," 
the  words,  "for  each  and  every  act  of  distillation,"  which  was 
agreed  to. 

Mr.  Graham  moved  to  re-commit  to  a  select  committee,  and 
it  was  not  agreed  to. 

Mr.  Battle,  of  Nash,  oflfered  an  amendment  that  the  distiller 
shall  list  to  the  Sheriff  on  the  15th  of  April ;  which  was  not 
agreed  to. 

The  question  then  recurred  on  the  passage  of  the  ordinance 
on  the  third  and  last  reading ;  on  which  the  ayes  and  noes  were 
ordered,  on  motion  of  Mr.  Badger,  and  resulted  in  the  affirma- 
tive, as  follows : 

Ayes — Messrs.  Allison,  Atkinson,  Battle  of  Edgecombe,  Bo- 
gle, Brodnax,  Bunting,  Cannon,  Christian,  Cunningham,  Darden, 
Dick,  Dickson,  Douthitt,  Edwards,  Ellison,  Foster  of  Ashe,  Foy, 
Fuller,  Gilmer,  Gorrell,  Green,  Hicks,  Holmes,  Houston,  Jones 
of  Caldwell,  Kelly,  Kittrell,  Leak  of  Richmond,  Lyon,  McDuffie, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Miller,  Mitchell, 
Myers,  Osborne,  Phifer,  Rhodes,  Royster,  Satterthwaito, 
Schcnck,  Shipp,  Smith  of  Macon,  Spruill  of  Tyrrell,  Starbuck, 
Strange,  Strong  of  Mecklenburg,  Strong  of  Wayne,  Thompson, 
Thornton,  Turner,  Warren,  Washington,  Williamson,  Wilson, 
_    Woodfin  and  Wooten — 57. 

3^    Noes— Messrs.  Badger,   Battle   of  Nash,    Battle  of  Wake, 
Borry,  Caldwell,  Calloway,  Councill,   Durham,  Foster  of  Ran- 
48 


96  JOURNAL  OF  THE  [8d  Sb8810», 

dolph,  Graham,  Hearne,  Headen,  Holden,  Jones  of  Rowan, 
Joyce,  Long,  Mann,  Manning,  Meares,  Mebane,  Michal,  Murrill, 
Reid,  Ruffin,  Sanders,  Setzer,  Smith  of  Johnston,  Speed, 
Sprouse,  and  Thomas  of  Carteret — 30. 

On  motion  of  Mr.  Strange,  leave  of  absence  was  granted  fee 
Mr.  Wooten. 

On  motion  of  Mr.  Badger,  the  Convention  adjourned. 


IN  CONVENTION,  Friday,  Febmary  21,  1862. 

The  President  took  the  Chair.     Prayer  by  Rev.  Henry  Hardie. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Manning  introduced  an  ordinance  supplemental  to  and 
amendatory  of,  the  ordinance  to  provide  for  the  assumption  and 
payment  of  the  Confederate  tax,  which  passed  its  first  reading, 
and  was,  on  motion  of  Mr.  Rayner,  referred  to  the  committee 
on  Finance. 

Mr.  Wilson  introduced  an  ordinance  to  provide  for  the  pay- 
ment of  bounty  to  deceased  volunteers  raised  by  the  authority 
of  the  State,  which  passed  its  first  reading. 

On  motion,  the  rules  were  suspended  and  the  ordinance  read 
the  second  time. 

Mr.  Sanders  moved  to  amend  by  adding  a  section  declaring 
that  the  claiming  heirs  at  law  shall  produce  his  or  her  affidavit, 
or  that  of  two  disinterested  persons,  stating  the  relationship, 
and  that  there  is  no  other  person  entitled  to  claim. 

On  motion  of  Mr.  Shipp,  the  ordinance  and  amendment  were 
referred  to  the  Judiciary  Committee. 

Mr.  Reid,  from  the  select  committee  to  whom  was  referred 
the  memorial  of  the  Wilmington,  Charlotte  and  Rutherford 
Railroad  Company  and  accompanying  ordinance,  reported  the 
same  back  and  asked  to  be  discharged  from  the  further  consid- 
eration of  the  subject ;  in  which  the  Convention  concurred. 

Mr.  Gilmer  presented  a  petition  from  the  Clerks  in  the  mili- 
tary Department,  asking  increased  compensation,  which,  on  hia 
motion,  was  referred  to  a  select  committee. 


1862.]  STATE   CONVENTION.  97 

Tho  President  appointed  Messrs.  Gilmer,  Long  and  Foj. 

Mr.  Starbuck,  from  the  special  committee  to  whom  the  subject 
was  referred,  reported  an  ordinance  to  exempt  persons  over^ 
forty-five  years,  from  the  perfermanoe  of  militia  duty  ;  which 
passed  its  first  reading. 

On  motion  of  Mr.  Ellison,  the  rules  were  suspended  and  the 
ordinance  was  read  and  passed  the  second  reading. 

It  was  then  read  the  third  time. 

Mr.  Myers  moved  the  following :  Provided  that  no  person 
over  forty-five  years  of  age  shall  hold  any  office  in  the  militia — 
which  was  not  agreed  to. 

The  question  recurred  on  the  final  passage  of  the  ordinanoc> 
on  which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Osborne,  and  resulted  as  follows,  in  the  negative  : 

Ayes — Messrs.  Allison,  Atkinson,  Battle  of  Wake,  Berry, 
Bogle,  Calloway,  Cannon,  Christian,  Cunningham,  Dick,  Dick- 
son, Ellison,  Foster  of  Ashe,  Foy,  Gilmer,  Gorroll,  Graham, 
Headen,  Holden,  Joyoe,  Kelly,  Long,  Mann,  Manning,  McNeill 
of  Harnett,  Murrill,  Satterthwaite,  Setzer,  Shipp,  Smith  of 
Johnston,  Sprouse,  Starbuck,  Williamson  and  Wilson — 83. 

Noes — Messrs.  Battle  of  Edgecombe,  Battle  of  Nash,  Brod- 
nax,  Bunting,  Caldwell,  Counoill,  Darden,  Douthitt,  Durham, 
Edwards,  Foster  of  Randolph,  Fuller,  Green,  Heame,  Hicks, 
Holmes,  Houston,  Howard,  Jones  of  Caldwell,  Jones  of  Rowan, 
Kittrell,  Leak  of  Richmond,  McDuffie,  McNeill  of  Cumberland, 
Meares,  Mobane,  Michal,  Miller,  Mitchell,  Myers,  Osborne, 
Phifer,  Reid,  Rhodes,  Royster,  Ruffin,  Sanders,  Schenck,  Spruill 
of  Tyrrell,  Strange,  Strong  of  Mecklenburg,  Strong  of  Wayne, 
Thomas  of  Carteret,  Thompson,  Thornton,  Warren,  Washington, 
Woodfin  and  Wooten — 49. 

Mr.  Mitchell  introduced  an  ordinance  to  tax  money,  which 
passed  the  first  reading. 

Mr.  Meares  ofi'ered  a  resolution  that  the  Publio  Treasurer  pay 
to  W.  R.  Lowell  $82,  amount  expended  by  him  for  the  use  of 
the  sick  soldiers  of  the  11th  Regiment  N.  C.  Volunteers,  near 
Manassas,  while  employed  as  a  nurse  in  August  and  September 
last. 


98  JOURNAL  OF  THE  [3d  Session, 

On  motion  of  Mr.  Gilmer,  it  was  referred  to  a  select  com- 
mittee of  three. 

The  President  appointed  Messrs.  Gilmer,  Mcares  and  McNeill 
of  Cumberland. 

Mr.  Warren  offered  a  resolution  to  appoint  a  committee  to 
inquire  into  the  propriety  of  re-organizing  the  Paymaster's  De- 
partment, and  to  report  by  ordinance  or  otherwise. 

On  motion,  the  rules  were  suspended,  and  the  resolution  was 
agreed  to. 

The  President  appointed  Messrs.  Ellison,  Battle  of  Nash, 
Foster  of  Randolph,  Shipp  and  Murrill. 

Mr.  Cannon  offered  a  resolution  for  the  protection  of  private 
property.  He  moved  to  suspend  the  rules  and  put  the  resolution 
on  its  passage  now,  and  it  was  not  agreed  to. 

Mr.  Graham  moved  to  take  up  the  ordinance  to  provide  for 
the  payment  of  certain  expenses  of  the  Board  of  Claims,  and 
it  was  agreed  to. 

The  ordinance  then  passed  the  second  and  third  readings,  and 
was  ordered  to  be  enrolled. 

Mr.  Smith,  of  Macon,  reported  that  the  ordinance  to  pro- 
hibit, for  a  limited  time,  the  distillation  of  grain,  had  been  cor- 
rectly enrolled,  and  the  same  was  duly  ratified  in  open  Conven- 
tion. 

Mr.  Leak,  of  Richmond,  introduced  an  ordinance  to  provide 
for  an  Executive  Council,  which  passed  its  first  reading. 

Mr.  Badger  moved  to  take  up  the  ordinance  to  exempt 
Quakers  from  military  duty ;  and  it  was  not  agreed  to. 

Mr.  Battle,  of  Wake,  reported  the  ordinance  to  provide  pay- 
ment of  certain  expenses  by  the  Board  of  Claims,  as  correctly 
enrolled  ;  and  the  same  was  duly  ratified  in  open  Convention. 

Mr.  Strange  was  appointed  on  the  committee  on  the  Gov- 
ernor's communication,  in  place  of  Mr.  Brown. 

The  President  announced  that  he  had  received  a  letter  from 
Hons.  W.  W.  Avery  and  George  Davis,  enclosing  a  communi- 
cation from  the  Confederate  States,  whereupon,  on  motion  of 
Mr.  Reid,  the  lobbies  and  galleries  were  cleared  and  the  Con- 
vention sat  with  closed  doors. 


1862.]  STATE  CONVENTION.  99 

After  so  remaining  for  some  time,  the  doors  wore  again  opened. 

Mr.  Woodfin  introduced  an  ordinance  supplemental  to  an 
ordinance  passed  at  the  last  session,  authorizing  the  issue  of 
Treasury  notes,  &c.,  which  passed  the  first  reading. 

By  the  same,  an  ordinance  supplemental  to  an  ordinance 
passed  at  the  present  session,  entitled  "An  Ordinance  to  provide 
for  the  assumption  and  payment  of  the  Confederate  tax,  which 
passed  the  first  reading. 

The  hour  having  arrived,  the  Convention  took  a  recess  until 
4  o'clook. 


4  O'CLOCK,  P.  M. 

Mr.  Strange  moved  to  reconsider  the  vote  by  which  the  Con- 
vention on  yesterday  agreed  to  the  ordinance  to  suppress  for  a 
limited  time  the  distillation  of  grain. 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Gilmer,  and  resulted  as  follows : 

Ayes — Messrs.  Atkinson,  Barnes,  Battle  of  Edgecombe, 
Battle  of  Nash,  Brodnax,  Bunting,  Caldwell,  Cunningham,  Dick- 
son, Ellison,  Foy,  Green,  Holmes,  Howard,  Kelly,  Leak  of 
Richmond,  Manning,  McNeill  of  Harnett,  Rayner,  Sanders, 
Smith  of  Johnston,  Sprouse,  Strange,  Strong  of  Mecklenburg, 
Strong  of  Wayne,  Thompson  and  Turner — 27. 

Noes — Messrs.  Allison,  Battle  of  Wake,  Bogle,  Calloway, 
Cannon,  Councill,  Darden,  Dick,  Douthitt,  Durham,  Edwards, 
Foster  of  Ashe,  Fuller,  Gilmer,  Gorrell,  Graham,  Headen, 
Hicks,  Holden,  Jones  of  Caldwell,  Jones  of  Rowan,  Joyce,  Long, 
Mann,  Mebane,  Michal,  Miller,  Mitchell,  Murrill,  Myers,  Os- 
borne, Reid,  Rhodes,  Royster,  Ruffin,  Shipp,  Smith  of  Macon, 
Speed,  Spruill  of  Tyrrell,  Starbuck,  Thornton,  Warren,  Wil- 
liamson, Wilson  and  Woodfin — 46. 

Mr.  Rufiin  offered  the  following : 

WiiEREAB,  Certain  rumors  arc  current  that  in  the  late  battle 
of  Roanoke  Island  between  the  forces  of  the  Confederate  States 
and  those  of  the  United  States,  some  of  the  forces  behaved 
badly ;  and,  whereas,  certain  regiments  and  companies  of  North 


100  JOURNAL  OP  THE  [3d  Sbb&ion, 

Carolina  troops,  formed  a  part  of  the  Confoderato  army,  and  it 
IB  the  sincere  desire  of  this  Convention,  and  of  the  people  of 
thia  State,  to  remove,  aa  soon  as  possible,  any  such  imputation 
on  them,  if  unjust ;  it  is,  therefore, 

Resolvedj  That  the  Senators  in  Congress  from  thia  State,  be 
instructed  to  call  for  the  official  report  of  said  battle,  and  to 
send  to  this  body  a  copy  of  the  same,  and  also  the  proceedings 
of  any  court  martial  that  may  bo  held  touching  the  defenses  of 
said  Island,  and  the  behavior  of  the  troops  from  this  State 
engaged  in  said  battle. 

The  rules  having  been  suspended,  the  said  resolution  was 
considered  and  agreed  to. 

Mr.  Ruffin,  from  the  Judicial  Conmiittee,  to  whom  was  referred 
an  ordinance  and  certain  amendments  proposed  thereto  to  pro- 
vide for  the  payment  of  bounty  due  to  deceased  soldiers,  report- 
ed the  same  back  with  a  substitute  therefor,  and  recommended 
its  passage. 

On  motion  of  Mr.  Wilson,  the  rules  wore  suspended,  and  the 
said  ordinance  was  read  the  second  and  third  times,  passed,  and 
ordered  to  be  enrolled. 

Mr.  Rayner  moved  to  take  up  and  consider  the  ordinance  to 
define  and  punish  sedition.  On  this  motion  he  asked  the  ayes 
and  noes,  which  being  ordered,  resulted  as  follows  : 

^YEs — Messrs.  Atkinson,  Bai-nes,  Battle  of  Edgecombe, 
Battle  of  Nash,  Brodnax,  Bunting,  Caldwell,  Cunningham,  Dar- 
don,  Dickson,  Durham,  Edwards,  Foy,  GreoA,  Hicks,  Holmes, 
Howard,  Kelly,  McNeill  of  Cumberland,  Michal,  Miller,  Myers, 
Osborne,  Rayner,  Roid,  Royster,  Ruffin,  Schenck,  Spruill  of 
Tyrrell,  Strange,  Sti'ong  of  Mecklenburg,  Strong  of  Wayne» 
Thompson,  Thornton,  Turner,  Woodfin  and  Wooton — 37. 

Noes — Messrs.  Allison,  Battle  of  Wake,  BeiTy,  Bogle,  Cal- 
loway, Cannon,  Christian,  Councill,  Dick,  Doutliitt,  Ellison, 
Foster  of  Ashe,  Foster  of  Randolph,  Fuller,  Gilmer,  Gorrell, 
Graham,  Headen,  Holdeji,  Jones  of  Caldwell,  Jones  of  Rowan, 
Joyce,  Leak  of  Richmond,  Long,  Mann,  Manning,  McNeill  of 
Harnett,  Mebane,  Mitchell,  Murrill,  Sanders,  Satterthwaite, 
Shipp,  Smith  of  Johnston,  Smith  of  Macon,  Speed,  Bprouse, 
Starbuck,  Warren,  Williamson  and  Wilson — 41. 


1862.]  STATE  CONVENTION.  101 

Mr.  Thompson  moved  to  take  np,  for  consideration,  the  ordi- 
nance regulating  the  appomtment  of  Company  Officers  ;  which 
was  agreed  to. 

Ho  then  proposed  a  substitute  for  the  same, 

Mr.  Manning  moved  to  amend  by  striking  out  all  after  tho 
ordaining  clause  and  inserting  a  substitute  therefor. 

Mr.  Howard  moved  to  amend  by  striking  out  the  second 
clause  ;  which  wao  not  agreed  to. 

On  motion  of  Mr.  Thompson,  the  subject  wae  referred  to  a 
select  committee. 

The  President  appointed  the  following:  Messrs.  Thompson 
Manning,  Howard  and  Green.  ' 

Mr.  Howard  introduced  an  oi-dinanoe  to  provide  for  collecting 
the  armB  belonging  to  the  State,  which  poBsod  its  first  reading. 

Mr.  Speed  introduced  an  ordinance  to  authorize  the  Pubb'c 
Treasurer  to  pay  Rev.  Maurice  H.  Vnughan  one  hundred  doUars 
for  services  as  Chaplain,  at  Roanoke  Island  ;  which  passed  its 
first  reading. 

On  motion  of  Mr.  Green,  the  Convention  adjourned. 


IN  CONVENTION,  Saturday,  February  22,  1862. 
The  Pre^dcnfe  toek  the  Chair  and  called  the  Convention  to 
order.     Prayer  by  Rev.   Frederick   Fit.Gerald,  of  the  P    K 
Church. 

The  journal  of  yesterday  was  road  and  approved. 

Mr.  Smith,  of  Macon,  from  the  committee  on  enrollments, 
reported,  as  correctly  enrolled,  the  ordinance  to  make  some  pro- 
vision for  the  families  of  soldiers  dying  in  the  service,  and  the 
same  was  duly  ratified, 

Mr  Battle,  of  Wake,  moved  to  raise  a  committee  to  inquire 
into  the  expediency  of  lending  State  aid  to  a  maoiufactory  of 
wool  and  cotton  cards,  and  the  motion  prevailed. 

The  President  appointed  Messrs.  Battle  of  Wake,  Strong  of 
Mecklenburg,  Dick,  McDuffie  and  Smith,  to  constitute  the 
committee. 


JOURNAL  OP  THE  [SdBsssion, 

Mr.  Strong,  of  Mecklenburg,  presented  a  petition  of  citizens 
of  Mecklenburg  County,  asking  that  the  grain  of  the  State  bo 
preserved  from  the  hands  of  the  distillers,  which  was  read  and 
laid  on  the  tabic. 

On  motion  of  Mr.  Pettigrow,  the  lobbies  and  galleries  were 
cleared,  and  the  Convention  sat  with  closed  doors. 

After  some  time  spent  in  secret  session,  the  doors  were  opened. 

Mr.  Rayner,  from  the  committee  of  Finance,  made  a  report 
on  the  financial  condition  of  the  State,  which  was  laid  on  the 
table  and  ordered  to  be  printed. 

The  Convention  then  took  a  recess  until  4  o'clock. 


4  O'CLOCK,   P.   M. 

Mr.  Ellison,  from  the  select  committee,  reported  an  ordinance 
concerning  the  Paymaster's  Department,  which  passed  the  first 
reading. 

The  rules  were  suspended  and  the  ordinance  read  the  second 
and  third  times,  passed  and  ordered  to  be  enrolled. 

Mr.  Strange  introduced  an  ordinance  to  raise  troops  for  the 
defence  of  the  State,  which  passed  its  first  reading,  and  on 
motion  of  Mr.  Howard,  was  made  the  special  order  for  Monday 
next  at  11  o'clock. 

Mr.  Rayner  gave  notice  of  an  amendment  that  he  would  oflFer 
when  the  ordinance  came  up  for  consideration. 

On  motion  of  Mr.  Woodfin,  the  ordinance  supplemental  to  an 
ordinance  passed  at  the  last  session,  authorizing  the  issue  of 
Treasury  notes,  was  taken  up. 

The  ordinance  was  read  the  second  time,  when  considerable 
discussion  ensued,  pending  which, 

On  motion  of  Mr.  Badger,  the  Convention  adjourned  to  10 
o'clock  Monday  morning. 


1862.]  STATE   CONVENTION.  103 


IN  CONVENTION,  Monday,  February  24,  1862. 

The  President  called  the  Convention  to  order  pursuant  to 
adjournment.  Prayer  by  Rev.  J.  M.  Atkinson,  of  the  Presby- 
terian Church. 

The  journal  of  Saturday  was  read  and  approved. 

Mr.  Miller  presented  a  petition  from  officers  and  privates  of 
the  14th  Regiment  North  Carolina  Volunteers,  against  the  dis- 
tillation of  grain  into  whiskey;  which  was  read  and,  on  his 
motion,  laid  upon  the  table. 

Mr.  Gilmer  reported  favorable  on  a  resolution  in  favor  of  W. 
R.  Lovell ;  and  the  same  passed  the  several  readmgs  under  a 
suspension  of  the  rules. 

Mr.  Battle,  of  Wake,  from  the  committee  on  enrollments, 
reported  as  correctly  enrolled,  the  ordinance  concerning  the 
Paymaster's  Department,  and  the  same  was  duly  ratified. 

Mr.  Mebane,  from  the  committee  on  the  Report  of  the  Board 
of  Claims,  reported  an  ordinance  to  pay  the  claims  audited  and 
allowed  by  the  Board,  which  passed  the  several  readings  under 
a  suspension  of  the  rules,  and  was  ordered  to  be  enrolled. 

Mr.  Reid  moved  to  reconsider  the  vote  by  which  the  said  ordi- 
nance passed  its  third  reading,  and. 

On  motion  of  Mr.  Badger,  that  motion  was  laid  upon  the 
table. 

The  unfinished  business  of  Saturday  was  taken  up,  being  the 
ordinance  supplemental  to  the  ordinance  authorizing  the  issue  of 
Treasury  notes. 

Pending  the  consideration  of  the  subject,  a  message  was 
received  from  His  Excellency,  the  Governor,  in  relation  to  the 
military  condition  of  the  State,  which  was  read  and,  on  motion, 
laid  upon  the  table. 

The  consideration  of  the  Treasury  note  ordinance  was  then 
resumed,  and  occupied  the  remainder  of  the  morning  session. 
49 


104  JOURNAL  OF  THE  [3d  Session, 


4  O'clock,  P.  M. 

Mr.  Howard,  from  the  Military  Committee,  reported  back 
the  ordinance  for  the  more  thorough  organization  of  the  militia, 
and  asked  to  be  discharged  from  its  further  consideration,  in 
which  the  Convention  concurred. 

The  unfinished  business  of  the  morning  was  resumed. 

Mr.  Ruffin  moved  to  amend  by  striking  out  of  the  second 
section,  all  betAveen  the  ordaining  clause  and  the  word  "  and" 
in  the  4th  line,  and  inserting,  "  that  said  Treasury  notes  shall, 
at  any  time  or  times  hereafter,  be  received  at  the  Treasury  in 
payment  for  land  entered,  and  for  taxes,  and  for  any  debt  to  the 
State,  and  for  county,  poor,  and  school  purposes."  Also,  to 
strike  out  all  after  the  word  "  counties,"  in  the  5th  line. 

The  question  on  the  amendment  was  put  and  decided  in  the 
aflBrmative,  the  ayes  and  noes  being  ordered  on  motion  of  Mr. 
Mearcs,  as  follows  : 

Ayes — Messrs.  Badger,  Battle  of  Edgecombe,  Battle  of 
Nash,  Battle  of  Wake,  Berry,  Brodnax,  Brown,  Bunting,  Cald- 
well, Christian,  Cunningham,  Dick,  Dickson,  Douthitt,  Edwards, 
Ellison,  Foster  of  Ashe,  Foster  of  Randolph,  Foy,  Fuller,  Gra- 
ham, Hearne,  Holmes,  Howard,  Joyce,  Kittrell,  Leak  of  Rich- 
mond, Long,  Manning,  Miller,  Mitchell,  Osborne,  Phifer,  Reid, 
Rhodes,  Ruf&n,  Smith  of  Macon,  Speed,  Sprouse,  Starbuck, 
Strange,  Strong  of  Mecklenburg,  Strong  of  Wayne,  Thomas  of 
Carteret,  Washington,  Williamson  and  Wilson — 47. 

]sfoES — Messrs.  Allison,  Bogle,  Bryson,  Calloway,  Cannon, 
Councill,  Darden,  Durham,  Gilmer,  Gorrell,  Green,  Headen, 
Hicks,  Houston,  McDuffie,  ^IcNeill  of  Cumberland,  McNeill  of 
Harnett,  Meares,  Mebane,  Michal,  Murrill,  Myers,  Pettigrew, 
Rayner,  Sanders,  Shipp,  Smith  of  Johnston,  Thornton,  Turner 
and  Woodfin — 30. 

Mr.  Battle,  of  Wake,  moved  an  additional  section,  as  follows : 
"That  on  application  of  holders  of  Treasury  notes  of  the 
denominations  of  fifty  dollars,  and  one  hundred  dollars,  without 
interest,  the  Treasurer  shall,  as  soon  as  may  be  practicable, 
redeem  the  same  with  other  Treasury  notes  of  a  less  denomina- 


STATE  CONVENTION.  105 

tlon  ;  Provided,  That  nothing  herein  contained  shall  prevent  the 
issue  of  said  notes  to  the  aggregate  amount  of  three  millions  of 
dollars. 

The  amendment  was  adopted. 

On  motion  of  Mr.  Badger,  the  ordinance  was  re-committed  to 
the  committee. 

Mr.  Smith,  of  Macon,  from  the  committee  on  Enrollments, 
reported  as  correctly  enrolled,  the  resolution  in  favor  of  Wm.  R. 
Lovell,  and  the  same  was  duly  ratified. 

On  motion  of  Mr.  Badger,  the  Convention  took  up  the  ordi- 
nance to  tax  money,  and  the  same  was  read  the  second  time. 

Mr.  Gorr.ell  moved  to  amend  by  adding — "Provided,  that 
bank  notes  shall  be  considered  as  money,"  and  the  amendment 
was  agreed  to. 

Mr.  Speed  moved  to  adjourn,  and  it  was  not  agreed  to. 

Mr.  Reid  moved  the  following  amendment  to  the  ordinance 
under  consideration  : — Provided  the  average  amount  on  hand  for 
the  six  months  immediately  preceding  the  time  of  listing  tax- 
ables,  shall  be  the  sum  required  to  be  listed  under  the  provisions 
of  this  ordinance.  After  some  discussion,  the  amendment  was 
withdrawn. 

The  ordinance  then  passed  the  second  reading. 

On  motion  of  Mr.  Badger,  the  Convention  adjourned. 


IN  CONVENTION,  Tuesday,  February  25,  1862. 

The  President  called  the  Convention  to  order  pursuant  to 
adjournment.     Prayer  by  Rev.  Dr.  Mason,  of  the  P.  E.  Church. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Battle,  of  Wake,  from  the  select  committee  on  the  sub- 
ject, reported  an  ordinance  to  encourage  the  manufacture  of 
wool  and  cotton  cards  ;  and  the  same  passed  the  first  reading. 

He  moved  to  suspend  the  rules  in  order  to  put  the  ordinance 
on  its  several  readings  to-day ;  on  which  motion  the  ayes  and 
noes  were  ordered,  and  resulted  in  the  affirmative,  as  follows  : 


106  JOUENAL  OP  THE  [8d  Session, 

Ayes — Messrs.  Allison,  Battle  of  Nash,  Battle  of  Wake, 
Berry,  Bogle,  Brown,  Bryson,  Caldwell,  Calloway,  Cannon, 
Councill,  Cunningham,  Darden,  Dick,  Dickson,  Douthitt,  Dur- 
ham, Edwards,  Ellison,  Foster  of  llandolph,  Foy,  Fuller,  Gil- 
mer, Gorrell,  Graham,  Headen,  Hicks,  Holden,  Holmes,  Joyce, 
Kittrell,  Long,  Lyon,  Manning,  McDuffio,  McNeill  of  Cumber- 
land, McNeill  of  Harnett,  Mebane,  Phifer,  Reid,  Rhodes, 
Ruffin,  Sanders,  Shipp,  Smith  of  Johnston,  Smith  of  Macon, 
Speed,  Sprouse,  Starbuck,  Strong  of  Mecklenburg,  Strong  of 
Wayne,  Thomas  of  Jackson,  Thompson,  Thornton,  Williamson 
and  Wilson — 56. 

Noes — Messrs.  Battle  of  Edgecombe,  Brodnax,  Foster  of 
Ashe,  Howard,  Michal,  Pettigrew,  Rayner,  Strange  and  Wash- 
ington— 9. 

The  ordinance  was  read  the  second  time. 

Mr.  Reid  moved  to  add,  "Provided,  that  the  cards  to  be 
manufactured  shall  not  be  sold  for  a  greater  price  than  two  dol- 
lars a  pair." 

Mr.  Washington  moved  to  amend  the  amendment  by  striking 
out  "two  dollars,"  and  inserting,  "one  dollar  and  a  half,"  and 
it  was  not  agreed  to. 

Mr.  Reid  then  withdrew  his  amendment,  and  substituted  the 
following :  "  Provided,  That  the  cards  manufactured  shall  be 
first  offered  for  sale  to  the  citizens  of  the  State,"  and  the  amend- 
ment was  adopted. 

As  amended  the  ordinance  then  passed  the  second  and  third 
readings,  and  was  ordered  to  be  enrolled. 

Mr.  Smith,  of  Macon,  from  the  committee  on  Enrollments, 
reported  as  correctly  enrolled,  the  ordinance  to  allow  the  claims 
audited  by  the  Board  of  Claims,  and  the  same  was  duly  ratified. 

Mr.  Badger  moved  to  take  up  the  ordinance  to  exempt  Qua- 
kers from  military  service,  on  which  the  ayes  and  noes  were 
ordered,  on  motion  of  Mr.  Speed,  and  resulted  in  the  negative, 
as  follows  : 

Ayes — Messrs.  Bagley,  Battle  of  Edgecombe,  Battle  of 
Wake,  Bogle,  Caldwell,  Cannon,  Dick,  Foster  of  Randolph,  Gil- 
mer, Gorrell,  Graham,  Headen,  Holden,  Kittrell,  Long,   Man- 


1862.]  STATE  CONVENTION.  107 

ning,  McNeill  of  Harnett,  Mebane,  Ruffin,  Shipp,  Speed,  Star- 
buck,  Strong  of  Wayne,  Thomas  of  Carteret,  and  Wilson — 25. 

Noes — Messrs.  Allison,  Battle  of  Nash,  Berry,  Brodnax, 
Brown,  Bryson,  Bunting,  Calloway,  Councill,  Cunningham,  Dar- 
dcn,  Dickson,  Douthitt,  Durham,  Edwards,  Ellison,  Foster  of 
Ashe,  Foy,  Fuller,  Green,  Hicks,  Houston,  Howard,  Jones  of 
Rowan,  Joyce,  McDuflSe,  McNeill  of  Cumberland,  Mearcs, 
Michal,  Miller,  Osborne,  Pettigrew,  Phifer,  Rayner,  Reid, 
Rhodes,  Sanders,  Sprouse,  Strange,  Strong  of  Mecklenburg, 
Thomas  of  Jackson,  Thompson,  Thornton,  Turner,  Washington, 
Williamson  and  Woodfin — 47. 

Mr.  Woodfin,  from  the  committee  on  Finance,  reported  back 
the  ordinance  concerning  the  issue  of  Treasury  notes,  with  a 
Substitute  for  this  and  an  ordinance  to  assume  the  payment  of 
the  Confederate  tax,  and  the  same  passed  the  first  reading. 

Mr.  Rayner  moved  to  rescind  the  order  to  adjourn  to-day  at 
G  p.  m.,  and  provide  for  the  adjournment  to-morrow  at  4  p.  m. 

Mr.  Badger  moved  to  amend  the  motion  by  striking  out  the 
second  clause,  on  which  the  ayes  and  noes  were  ordered,  on 
motion  of  Mr.  Reid,  and  resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.   Badger,   Battle   of   Edgecombe,    Battle   of 
Wake,  Brodnax,  Caldwell,  Calloway,  Councill,  Dick,  Foster  of 
Randolph,  Gilmer,  Gorrell,  Jones  of  Rowan,  Long,  Manning 
Meares,  Mebane,  Rayner,  Rhodes,  Speed,  Thomas  of  Jackson 
and  Washington — 21. 

Noes — Messrs.  Allison,  Battle  of  Nash,  Berry,  Bogle,  Brown 
Bryson,  Bunting,    Cannon,    Christian,    Cunningham,    Darden 
pickson,    Douthitt,    Durham,    Ellison,    Foy,    Fuller,    Graham 
Green,  Hearne,  Headen,    Hicks,  Holmes,  Houston,  Howard 
Joyce,  Kittrell,  McDuflSe,  McNeill  of  Cumberland,  McNeill  of 
Harnett,  Michal,  Miller,  Pettigrew,  Phifer,  Reid,  Rufiin,  San- 
ders, Shipp,  Smith  of  Johnston,  Smith  of  Macon,  Sprouse,  Star- 
buck,    Strange,   Strong   of    Mecklenburg,    Strong   of  Wayne 
Thompson,  Thornton,  Turner,  Wilson  and  Woodfin — 50. 

Mr.  Badger  moved  to  amend  by  striking  out  "  to-morrow 
2Cth,"  and  inserting  «  Thursday,  27th." 


108  JOURNAL  OF  THE  [3i>  Session, 

Mr.  Green  moved  to  amend  tlie  amendment  by  inserting  the 
words  "»i72g  die." 

Mr.  Graham  moved  to  lay  the  whole  subject  on  the  table,  on 
which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Badger, 
and  resulted  in  the  affirmative,  as  follows  : 

Ayes — Messrs.  Allison,  Battle  of  Nash,  Battle  of  Wake, 
Berry,  Bogle,  Brodnax,  Brown,  Calloway,  Cannon,  Christian, 
Cunningham,  Darden,  Dickson,  Douthitt,  Durham,  Ellison, 
Foster  of  Ashe,  Foy,  Gorrell,  Graham,  Hearne,  Headen,  Hicks, 
Holden,  Houston,  Jones  of  Rowan,  Joyce,  Long,  Manning, 
McDuffie,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Mebane, 
Michal,  Miller,  Mitchell,  Sanders,  Smith  of  Johnston,  Smith  of 
Macon,  Sprouse,  Starbuck,  Thomas  of  Carteret,  Thornton, 
Turner,  Williamson  ana  Wilson — 46. 

Noes — Messrs.  Badger,  Battle  of  Edgecombe,  Bunting,  Cald- 
well, Councill,  Dick,  Foster  of  Randolph,  Fuller,  Gilmer,  Green, 
Holmes,  Howard,  Kittrell,  Lyon,  Meares,  Rayncr,  Reid,  Ruffin, 
Shipp,  Speed,  Strange,  Strong  of  Mecklenburg,  Strong  of 
Wayne,  Thomas  of  Jackson,  Washington  and  Woodfin — 26. 

On  motion  of  Mr.  Gilmer,  the  rule  requiring  a  recess  at  2 
o'clock,  was  suspended  for  this  day. 

Mr.  Strong,  of  Wayne,  offered  a  resolution  to  pay  the  Door- 
keepers twenty-five  dollars  each  for  servant  hire  and  extra  ser- 
vices, during  the  present  session,  which  passed  the  several 
readings  under  a  suspension  of  the  rules. 

On  motion  of  Mr.  Strange,  the  ordinance  to  raise  troops  for 
the  defense  of  the  State,  was  taken  up  on  the  second  reading. 

Mr.  Rayner  moved  to  amend  the  same  as  follows:  "That 
the  Governor  of  the  State  be  authorized  and  requested  to  forth- 
with confer  with  the  President  of  the  Confederate  Statec,  to  the 
end  that  when  the  troops  herein  provided  for  shall  have  been 
raised  and  organized,  they  shall  be  transferred  to  the  Confed- 
erate service,  on  the  condition  that  they  shall  be  retained  in  the 
State  of  North  Carolina  for  the  special  defence  of  the  State, 
and  thd  Governor  be  further  authorized  and  requested  to  confer 
with  the  President  of  the  Confederate  States  toward  obtaining 
arms  and  equipments  for  said  troops  when  raised. 


1862.]  STATE   CONVENTION.  109 

Mr.  Battle,  of  Wake,  from  the  committee  on  Enrollments, 
reported  the  ordinance  to  encoujage  the  manufacture  of  wool 
and  cotton  cards  as  correctly  enrolled,  and  the  same  was  duly 
ratified, 

Mr.  Michal  offered  the  following  amendment  to  Mr.  Rayner's 
amendment:  "Provided  that  the  arrangement  contemplated  in 
the  preceding  section,  by  ^Yhich  said  troops  arc  to  be  paid,  can- 
not be  accomplished,  the  Governor  is  not  authorized  to  raise  the 
troops  herein  provided  for. 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Strange,  and  resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Badger,  Battle  of  Wake,  Berry,  Bogle,  Brown, 
^  Bryson,  Calloway,  Council!,  Cunningham,  Dick,  Douthitt,  Elli- 
son, Foster  of  Ashe,  Fuller,  Graham,  Green,  Headen,  Joyce, 
Manning,  Michal,  Mitchell,  Phifer,  Shipp,  Sprouse,  Starbuck, 
Thomas  of  Carteret,  and  Wilson — 28. 

Noes — Messrs.  Battle  of  Edgecombe,  Battle  of  Nash,  Bun- 
ting, Caldwell,  Cannon,  Darden,  Dickson,  Durham,  Edward«, 
Foster  of  Randolph,  Foy,  Gilmer,  Hearne,  Ilolden,  Holmes, 
Houston,  Howard,  Kittrell,  Long,  Lyon,  McDuffie,  McNeill  of 
Cumberland,  McNeill  of  Harnett,  Meares,  Mebane,  Miller, 
Myers,  Osborne,  Pettigrew,  Bayner,  Beid,  Rhodes,  RuflSn,  San- 
ders, Smith  of  Johnston,  Speed,  Strange,  Strong  of  Mecklen- 
burg, Strong  of  Wayne,  Thomas  of  Jackson,  Thompson,  Thorn- 
ton, Turner,  Washington  and  Woodfin — 45. 

The  amendment  of  Mr.  Rayner  was  then  agreed  to. 

Mr.  Ruffin  moved  to  amend  as  follows  :  "  That  for  the  pur- 
pose of  carrying  out  the  foregoing  provisions,  the  sum  of  fifteen 
millions  of  dollars  is  hereby  appropriated  out  of  any  moneys  in 
the  Treasury  not  otherwise  appropriated." 

On  motion  of  Mr.  Badger,  the  ordinance  was  laid  on  the  table. 

The  resolution  to  rescind  the  order  for  adjournment  was  then 
taken  up,  the  question  being  on  the  amendment  offered  by  Mr. 
Green,  to  adjourn  sine  die,  on  which  the  ayes  and  noes  were 
ordered,  on  his  motion,  and  resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Bunting,  Cunningham,  Darden,  Durham, 
Foster  of  Ashe,  Green,  Hicks,  Holmes,  McDufl5e,  Michal,  Miller, 


no  JOURNAL  OF  THE  [3d  SimoN, 

Osborne,  Sanders,  Strong  of  Mecklenburg,  Strong  of  Wayne, 
Thompson  and  Thornton — 17. 

Noes — Messrs.  Allison,  Badger,  Battle  of  Edgecombe,  Battle 
of  Nash,  Battle  of  Wake,  Berry,  Bogle,  Brodnax,  Bryson,  Cal- 
loway, Cannon,  Christian,  Councill,  Dick,  Dickson,  Douthitt, 
Ellison,  Fuller,  Gilmer,  Graham,  Hearne,  Headen,  Holden, 
Howard,  Joyce,  Kit:rell,  Long,  Manning,  McNeill  of  Cumber- 
land, McNeill  of  Harnett,  Meares,  Mebane,  Myers,  Pettigrew, 
Phifer,  Rayner,  Reid,  Rhodes,  Ruffin,  Shipp,  Smith  of  John- 
ston, Smith  of  Macon,  Speed,  Sprouse,  Starbuck,  Strange, 
Thomas  of  Jackson,  Turner,  Washington,  AVilliamson,  Wilson 
and  Woodfin — 52. 

The  question  then  recurred  on  the  amendment  of  Mr.  Badger, 
on  which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
McDuffie,  and  resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Badger,  Battle  of  Edgecombe,  Battle  of  Wake, 
Brodnax,  Bunting,  Cannon,  Councill,  Dick,  Gilmer,  Holmes, 
Howard,  Kittrell,  Long,  Manning,  McNeill  of  Cumberland, 
Meares,  Osborne,  Pettigrew,  Rayner,  Rhodes,  Ruffin,  Shipp, 
Speed,  Starbuck,  Strang^,  Strong  of  Mecklenburg,  Strong  of 
Wayne,  Thomas  of  Carteret,  Thomas  of  Jackson,  Thompson, 
Turner,  Washington  and  Woodfin — 33. 

Noes — Messrs.  Allison,  Battle  of  Nash,  Berry,  Bogle,  Bry- 
son, Calloway,  Christian,  Cunningham,  Darden,  Dickson, 
Douthitt,  Durham,  Ellison,  Foster  of  Ashe,  Fuller,  Graham, 
Green,  Hearne,  Headen,  Hicks,  Holden,  Joyce,  Lyon,  McDuffie, 
McNeill  of  Harnett,  Mebaiie,  Michal,  Miller,  Myers,  Phifer, 
Reid,  Sanders,  Smith  of  Johnston,  Smith  of  Macon,  Sprouse, 
Thornton  and  Wilson — 37. 

Mr.  Graham  moved  to  amend  by  striking  out  "  4  P.  M.," 
and  inserting  "  3  P.  M.,"  on  which  the  ayes  and  noes  were 
ordered,  on  motion  of  Mr.  Badger,  and  resulted  in  ihe  affirma- 
tive, as  follows : 

Ayes— Messrs.  Allison,  Battle  of  Edgecombe,  Battle  of 
JiTash,  Battle  of  Wake,  Berry,  Bryson,  Bunting,  Caldwell,  Coun- 
cill, Dick,  Durham,  Ellison,  Fuller,  Graham,  Headen,  Hicks, 
Holden,   Holmes,   Joyce,  Long,  McNeill  of  Harnett,  Meares, 


[ 


1862.3  STATE   CONVENTION.  Ill 

Mebaiie,  Miller,  Osborne,  Phifer,  Reifl,  Sanders,  Smith  of  John- 
Bton,  Smith  of  Macon,  Sprouse,  Starbuck,  Strong  of  Mecklen- 
burg, Strong  of  Wayne,  Thomas  of  Carteret,  and  Thornton — 36, 

Noifis — Messrs.  Badger,  Bogle,  Brodnax,  Cailoway,  Cannon, 
Christian,  Cunningham,  Darden,  Dickson,  Fetter  of  Ashe,  Gil- 
mer, Howard,  Kittrell,  McDuffie,  McNeill  of  Cumberland, 
Michal,  Myers,  Pettigrew,  Rayner,  Rhodes,  Ruffin,  Shipp, 
Strange,  Thomas  of  Jackson,  Thompson,  Turner,  Washington, 
Wilson  and  Woodfin— 29. 

The  resolution  as  amended  was  then  adopted. 

On  motion  of  Mr.  Graham,  the  Convention  took  a  reoeu 
until  4  o'clock. 


4  O'CLOCK,  P.  M. 

Mr.  Woodfin  moved  a  oall  of  the  House,  which  being  ordered, 
the  roll  was  called  and  the  following  members  answered  to  their 
names : 

Messrs.  Allison,  Badger,  Battle  of  Edgecombe,  Battle  of 
Nash,  Battle  of  Wake,  Berry,  Brodnax,  Brown,  Bryson,  Bun- 
ting, Caldwell,  Cannon,  Counoill,  Cunningham,  Darden,  Dick- 
son, Durham,  Edwards,  Ellison,  Foy,  Fuller,  Gilmer,  Gorrell, 
Graham,  Headen,  Holmes,  Howard,  Joyce,  Long,  Manning, 
McDuffie,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Mebane, 
Michal,  Osborne,  Pettigrew,  Phifer,  Rayner,  Beid,  Rhodes, 
Ruffin,  Shipp,  Smith  of  Johnston,  Smith  of  Macon,  Speed, 
Starbuck,  Strange,  Strong  of  Mecklenburg,  Strong  of  Wayne, 
Thomas  of  Carteret,  Thomas  of  Jackson,  Thompson,  Thornton, 
Turner,  Washington,  Wilson  and  Woodfin — Present,  58. 

There  not  being  a  quorum  present,  the  Doorkeepers  were 
ordered  to  bring  in  the  absent  members. 

Messrs.  Dick,  Green,  Kittrell  and  Mitchell  subsequently 
appeared  in  their  seats,  thus  completing  a  quorum. 

Mr.  Badger  moved  to  take  up  the  ordinance  to  raise  troops 
for  the  defense  of  the  State,  on  which  the  ayes  and  noes  were 
ordered,  atid  resulted  in  the  affirmative,  as  follows : 
60 


112  JOURNAL  OF  THE  [^d  Session, 

Ayes— Messrs.  Badger,  Battle  of  Edgecombe,  Battle  of  Nash, 
Brodnax,  Brown,  Bunting,  Caldwell,  Cannon,  Darden,  Dickson, 

:j  Edwards,  Foy,    Holmes,    Ileward,    Kittrell,   Long,   Manning. 

^  McDuffie,  McNeill  of  Cnmberland,  McNeill  of  Harnett,  Meares. 
Mebane,  Osborne,  Pettigrew,  Rayner,  Eeid,  Rhodes,  Rnffin, 
Smith  of  Johnston,  Speed,  Strange,  Strong  of  Mecklenburg, 
Strong  of  Wayne,  Thomas  of  Jackson,  Thompson,  Thornton, 
Tarner  and  Washington — 38. 

^(^  Noes — Messrs.  Allison,  Battle  of  Wake,  Berry,  Bryson, 
Councill,  Cunningham,  Dick,  Durham,  Ellison,  Fuller,  Gilmer. 
Gorrell,  Graham,  Green,  Ileaden,  Joyce,  Michal,  Phifer,  Shipp, 

■\     Smith  of  INIacon,  Starbuck,  Wilson  and  Woodfin — 23. 

/         The  pending  question  being  on  the  amendment  of  Mr.  RuflSn, 
Mr.  Strange  moved  to  amend  the  amendment  by  striking  out 
"fifteen,"  and  inserting  "  three,"   on  which  the  ayes  and  noes 
were  ordered,  and  resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Battle  of  Edgecombe,  Battle  of  Nash,  Brod- 
nax,  Bryson,  Bunting,  Caldwell,  Councill,  Cunningham,  Darden, 
Dickson,  Durham,  Edwards,  Foy,  Gilmer,  Holmes,  Howard, 
McDuffie,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares, 
Pettigrew,  Rayner,  Reid,  Rhodes,  Speed,  Strange,  Strong  of 
Mecklenburg,  Strong  of  Wayne,  Thomas  of  Jackson,  Thompson, 
Thornton,  Turner,  Washington  and  Woodfin — 34. 

jq^OES — Messrs.  Allison,  Badger,  Battle  of  Wake,  Berry, 
Brown,  Cannon,  Dick,  Ellison,  Fuller,  Gorrell,  Graham,  Green, 
Headen,  Joyce,  Kittrell,  Long,  Manning,  Mebane,  Michal,  Oa- 
borne,  Phifer,  Ruffin,  Shipp,  Smith  of  Macon,  Sprnill  of  Tyr- 
rell, Starbuck  and  Wilson — 27. 

Mr.  Rayner  moved  to  amend  the  amendment  as  follows :  "and 
in  case  the  Governor  shall  fail  to  make  such  satisfactory  arrange- 
ment with  the  President  of  the  Confederate  States  for  the 
transfer  of  these  troops  to  the  Confederate  service,  then  this 
ordinance  shall  bo  considered  as  of  no  effect." 

Mr.  Michal  moved  to  lay  the  whole  subject  on  the  table,  en 
which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Meares, 
and  resulted  in  the  affirmative,  as  follows : 


1862.]  »TATB   CONVENTION.  li» 

Aybs — Messrs.  Allison,  Badger,  Battle  of  Wake,  Berry. 
Brown,  Bryson,  Christian,  Councill,  Cuauingham,  Dick,  Ellison, 
Fuller,  Gorrell,  Graham,  Green,  Hearue,  HeaJen,  Joyce,  Long, 
Manning,  Mebane,  Michal,  Mitchell,  Osborne,  Phifer,  Ruffin, 
Shipp,  Smith  of  Macon,  Starbuck,  Strong  of  Mecklenburg, 
Wilson  and  Woodfin — 32. 

Noes— Messrs.  Battle  of  Edgecombe,  Battle  of  Nash,  Brod- 
nax,  Bunting,  Caldwell,  Cannon,  Darden,  Dickson,  Edwards, 
Holden,  Holmes,  Howard,  Jones  of  Rowan,  McDuffie,  McNeill 
of  Cumberland,  McNeill  of  Harnett,  Meares,  Pettigrew,  Ray- 
ner,  Reid,  Rhodes,  Speed,  Spruill  of  Tyrrell,  Strange,  Strong 
of  Wayne,  Thomas  of  Jackson,  Thompson,  Thornton,  Turner 
and  Washington — 30. 

On  motion  of  Mr.  Woodfin,  the  ordinance  to  provide  for  the 
funding  of  the  debt  of  the  State  was  taken  up,  and  passed  the 
second  reading. 

On  motion  of  Mr.  Graham,  the  ordiuanoe  was  ordered  to  be 
printed. 

On  motion  of  Mr.  Rayner,  the  Convention  proceeded  to  the 
consideration  of  the  ordinance  to  tax  money. 

Mr.  Rayner  moved  the  following  amendment :  "  Provided, 
that  this  ordinance  shall  not  apply  to  any  person  who  has  less 
than  one  hundred  dollars  to  list;"  and  it  was  agreed  to. 

Mr.  Dick  moved  to  add,  after  the  words,  "bank  notes,"  the 
words,  "and  notes  of  the  Confederate  States,"  which  wag 
agreed  to. 

Mr.  Wilson  moved  to  add  the  words,  "  and  treasury  notes  of 
this  State,"  and  it  was  not  agreed  to. 

Mr.  Rayner  moved  the  folloAving  as  an  additional  section, 
"  That  this  ordinance  may  be  modified  or  repealed  by  the  Gen- 
eral Assembly,"  which  was  adopted. 

The  ordinance  as  amended  then  passpd  the  third  reading,  and 
was  ordered  to  be  enrolled. 

Mr.  Thompson,  from  the  select  committee  on  the  subject, 
reported  back  the  ordinance  regulating  the  appointment  of  Com> 
pany  Officers,  with  a  substitute  therefor. 


114  JOtRNAL  OF  THE  [8d  Sissioif, 

On  motion  of  Mr.  Gorrell,  the  rules  were  suspended  and  the 
ordinance  passed  the  several  readings,  and  ordered  to  be  enrolled. 

Mr.  Battle,  of  Wake,  moved  to  take  up  the  ordinance  con- 
cerning the  organization  of  the  drafted  militia,  and  the  motion 
prevailed. 

The  ordinance  was  read  the  second  time. 

Pending  the  consideration  thereof, 

On  motion  of  Mr.  Michal,  the  Convention  adjourned  to  nine 
o'clock  to-morrow  morning. 


IN  CONVENTION,  Wednesday,  February  26,  1862. 

The  President  called  the  Convention  to  order  pursuant  to 
ftdjournment. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Strange  introduced  an  ordinance,  conferring  on  the  Com- 
missioners of  the  Town  of  Wilmington,  certain  powers  for  the 
defense  of  said  town,  which  passed  the  first  reading. 

He  moved  to  suspend  the  rules  and  put  the  ordinance  on  its 
several  readings  to-day.  The  motion  prevailed,  and  the  ordi- 
nance was  read  the  second  time, 

Mr.  Howard  moved  to  amend  as  follows  : 

"  Be  it  further  ordainedy  That  whenever  the  commanding 
officer  shall  certify  that  the  expenses  incurred  by  the  Commis- 
sioners, nnder  this  ordinance,  were  necessary  for  the  defense  of 
the  State,  the  same  shall  be  a  charge  of  the  Public  Treasury  ; 
Providedy  That  application  shall  have  first  been  made  to  the 
Confederate  Government,  and  they  shall  have  failed  to  assume 
the  payment  of  the  same  for  the  space  of  six  months  after  the 
application,  and  that  the  provisions  of  this  ordinance  shall  also 
extend  to  Washington  and  Newbern." 

The  amendment  was  adopted,  and,  as  amended,  the  ordinance 
passed  the  second  reading,  and  was  read  the  third  time. 

The  question  being  on  its  final  passage,  Mr.  Brown  asked  the 
yeas  and  nays,  which  were  ordered,  and  resulted  in  the  affirma- 
tive, as  follows : 


1862.]  STATB  CONVENTION.  115 

AYES—Messrs.  Battle  of  Edgecombe,  Battle  of  Naeh,  Brod- 
nax,  Bunting,  Caldwell,  Cannon,  Christian,  Darden,  Dickson 
Durham,  Edwards,- Ellison,  Foy,  Fuller,  Green,  Holden,  Holmes' 
Howard,  Joyce,  .McDuffie,  Meares,  Mebane,  Michal,  Osborne' 
Pettigrew,  Phifer,  Reid,  Rhodes,  Smith  of  Macon,  Speed,  Spruill 
of  Tyrrell,  Strange,  Strong  of  Mecklenburg,  Strong  of  Wayne 
Thomas  of  Jackson,  Thompson,  Thornton,  Turner,  Washington' 
»nd  Woodfin— 40.  ^ 

Noes— Messrs.  Allison,   Badger,    Battle  of  Wake,   Berry 

Brown,  Bryson,  Councill,  Cunnin^am,  Dick,  Gilmer,  Gorrell 

Graham,    Hearne,  Headen,  Jones  of  Rowan,  Kittrell,    Long 

f    Manning,  Rayner,  Ruffin,  Starbuck,   Thomas  of  Carteret  and 

Wih-on — 23.  ' 

Mr.  Battle,  of  Wake,  from  the  committee  on  Enrollments 
reported  as  correctly  enrolled,  "  An  Ordinance  to  tax  money  '' 
and  "  An  ordinance  regulating  the  appointment  of  Company 
officers,"  and  the  same  were  duly  ratified. 

Mr.  Brown  moved  to  take  up  the  ordinance  providing  for  the 
funding  of  Treasury  notes,  and  the  motion  prevailed. 

Mr.  Woodfin  moved  to  amend  the  ordinance  by  adding  to  the  * 
first  section  the  words,  -said  bonds  being  of  the  denominations 
of  five  hundred  dollars  and  one  thousand  dollars,  in  equal  pro- 
portions," and  it  was  agreed  to. 

Mr.  Ruffin  moved  to  strike  out  the  words,  "in  current 
funds,"  and  it  was  agreed  to. 

By  the  same,  to  amend  the  9th  line  by  adding  the  words 
"payable  twenty  years  after  date,  or  sooner,  at  the  pleasure  of 
the  State,  '  which  was  also  agreed  to. 

Mr,  Woodfin  moved  to  amend  the  12th  line  by  adding  the 
words,^  "  payable  thirty  years  after  the  first  day  of  January, 
1862,"  and  the  amendment  was  adopted. 

Mr.  Graham  moved  to  strike  out  "8"  from  the  Uth  line,  and 
insert  "7,"  on  which  the  yeas  and  nays  were  ordered,  on  mo- 
tion of  Mr.  Berry,  and  resulted  in  the  negative,  as  follows- 

AYES-Messrs.  Battle  of  Edgecombe,  Berry,  Brown,  Bryson, 
Cannon,  Ellison,  Graham,  Green,  Hearne,  McDuffie,  McNeill  of 
Cumberland,  Meares,  Starbuck,  Thompson,  Turner  and  Wil- 
son— 16. 


118  JOURNAL  OF  THB  [8d  Shssion, 

Noes — Messrs.  Allison,  Badger,  Battle  of  Nash,  Battle  of 
Wake,  Brodnax,  Bunting,  Caldwell,  Councill,  Cunningham,  Dick, 
Dickson,  Durham,  Edwards,  Foy,  Fuller,  Gilmer,  Gorrell, 
Headen,  Holden,  Holmes,  Howard,  Jones  of  Rowan,  Joyce, 
Kittrell,  Long,  Manning,  McNeill  of  Harnett,  Mebane,  Michal, 
Osborne,  Pettigrew,  Phifer,  Rayner,  Reid,  Rhodes,  Ruffin, 
Shipp,  Smith  of  Macon,  Spruill  of  Tyrrell,  Strange,  Strong  of 
Mecklenburg,  Strong  of  Wayne,  Thomas  of  Carteret,  Thomas 
of  Jackson,  Thornton,  Washington  and  Woodfin — 47. 

Mr.  Meares  moved  to  strike  out  of  the  second  section  the 
words,  "  or  Confederate  States,"  and  it  was  not  agreed  to. 

Mr.  Ruflfin  moved  to  add,  after  the  words,  "school  purposes," 
in  the  second  section,  the  words,  "  and  taxes  for  the  poor,"  and 
it  was  agreed  to. 

Mr.  Woodfin  moved  to  add  to  the  third  section  the  words, 
"  Nor  shall  the  Treasurer  issue,  in  funding  the  six  per  cent. 
exchangeable  bonds,  and  in  payment  against  the  State,  more 
than  one  million  five  hundred  thousand  dollars  in  Treasury 
notes  in  addition  to  those  already  directed  to  be  issued." 

Mr.  RuflBn  oflered  an  amendment  to  the  amendment,  increas- 
ing the  amount,  which  was  agreed  to — yeas  35,  nays  29 — the 
yeas  and  nays  being  ordered,  on  motion  of  Mr.  Graham,  as 
follows : 

A.YES — Messrs.  Badger,  Battle  of  Edgecombe,  Battle  of  Wake, 
Berry,  Brodnax,  Brown,  Caldwell,  Cannon,  Council,  Cunning- 
ham, Dick,  Edwards,  Ellison,  Fuller,  Gorrell,  Graham,  Headen, 
'  Holden,  Howard,  Kittrell,  Long,  Manning,  Mebane,  Mitchell, 
Phifer,  Rayner,  Rhodes,  Ruffin,  Shipp,  Smith  of  Macon, 
Speed,  Starbuck,  Thomas  of  Carteret,  Washington  and.  Wil- 
son— 35. 

Noes — Messrs.  Allison,  Battle,  of  Nash,  Bryson,  Bunting, 
Darden,  Dickson,  Dillard,  Foy,  Gilmer,  Green,  Hearne,  Holmes, 
Joyce,  McDuffie,  McNeill  of  Cumberland,  McNeill  of  Harnett, 
Meares,  Michal,  Osborne,  Pettigrew,  Reid,  Spruill  of  Tyrrell, 
Strong  of  Mecklenburg,  Strong  of  Wayne,  Thomas  of  Jackson, 
Thompson,  Thornton,  Turner  and  Woodfin — 29. 
The  amendment  as  amended  was  then  agreed  to. 


1862»1  .«iTATE  CONVENTION.  lit 

Mr.  Battle  of  Wake  moved  to  amend  the  4th  section,  by  adding 
after  the  word,  "dollars,"  the  words,  "  in  equal  proportions," 
and  it  was  agreed  to. 

Mr.  Ruffin  moved  to  amend  the  4th  section  by  striking  out 
the  words,  "bylaw,"  so  as  to  make  it  accord  with  the  57  th 
section  of  the  34th  chapter  of  the  Revised  Code,  and  it  wa!« 
agreed  to. 

Mr.  Howard  moved  to  reconsider  the  vote  by  which  Mr.  Ruf- 
fin's  amendment  to  the  amendment  of  Mr.  Woodfin  was  agreed 
to,  on  which  the  yeas  and  nays  were  ordered,  on  his  motion,  and 
resulted  in  the  negative,  as  follows  : 

^-  Ayes — Messrs.  Battle  of  Nash,  Bunting,  Council,  Darden, 
Dickson,  Durham,  Foy,  Fuller,  Green,  Holmes,  Howard, 
McDuffie,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares, 
Michal,  Osborne,  Pettigrew,  Phifer,  Reid,  Shipp,  Spruill  of 
Tyrrell,  Strange,  Strong  of  Mecklenburg,  Strong  of  Wayne, 
Thomas  of  Jackson,  Thompson,  Thornton,  Turner,  Washington 
and  Woodfin — 31. 

Noes — Messrs.  Allison,  Badger,  Battle  of  Edgecombe,  Battle 
of  Wake,  Berry,  Brodnax,  Bryson,  Caldwell,  Cannon,  Christian, 
Cunningham,  Dick,  Edwards,  Ellison,  Gilmer,  Gorrell,  Graham, 
Hearne,  Headen,  Holden,  Joyce,  Kittrell,  Long,  Manning, 
Mebane,  Mitchell,  Rayner,  Rhodes,  Ruffin,  Speed,  Starbuck, 
Thomas  of  Carteret,  and  Wilson — 33. 

Mr.  Starbuck  moved  to  amend  the  7th  section  by  striking 
out,  "one  million,"  and  inserting,  "two-fifths  of  the  capital 
stock,"  and  also  to  add  to  the  section  the  words,  "  receive  or 
have  on  hand  at  any  one  time,"  and  the  amendments  were 
adopted. 

Mr.  Battle,  of  Wake,  introduced  an  additional  section  legalizing 
the  act  of  the  General  Assembly  providing  for  the  issue  of 
Treasury  notes,  and  it  was  adopted. 

Mr.  Woodfin  ofi'ered  an  amendment,  which  was  agreed  to, 
authorizing  the  Treasurer  and  Comptroller  to  employ  deputies 
to  assist  them  in  signing  Treasury  notes. 

Mr.  Badger  oflfered  an  amendment  allowing  the  General  As- 
sembly to  modify  or  amend  the  ordinance,  and  it  was  agroed  to. 


118  JOURNAL  OF  THE  [8d  Session, 

As  amended  tlie  ordinance  then  passed  the  third  reading,  and 
was  ordered  to  be  enrolled. 

Mr.  Rayner  moved  to  take  up  the  ordinance  providing  for 
the  removal  of  slaves  from  the  sections  of  the  State  threatened 
by  the  enemy. 

Mr.  Graham,  from  the  special  committee  to  which  was  refer- 
red the  Governor's  communication  and  accompanying  papers, 
reported  back  the  same,  and  asked  to  be  discharged  from  the 
further  consideration  of  the  subject,  and  the  committee  was  dis- 
charged accordingly. 

Mr.  Howard  moved  to  go  into  secret  session.  The  motion 
prevailed  and  the  doors  were  closed. 

After  some  time  spent  in  secret  session  the  doors  were  opened 
and  business  in  open  session  resumed. 

Mr.  Meares  offered  a  resolution  directing  the  publication  of 
the  ordinances  of  the  Convention,  and  it  was  adopted. 

Mr.  Brown  moved  to  take  up  the  ordinance  introduced  yes- 
terday, to  allow  drafted  militia  to  choose  their  own  officers. 

The  motion  prevailed  and  the  ordinance  was  read  the  second 
time. 

Mr.  McDuffie  moved  to  lay  ihe  ordinance  on  the  table,  on 
which  the  yeas  and  nays  were  ordered,  on  motion  of  Mr.  Brown, 
and  resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Battle  of  Edgecombe,  Battle  of  Nash,  Brod- 
nax.  Bunting,  Dickson,  Durham,  Edwards,  Green,  Jones  of 
Rowan,  McDuffie,  Michal,  Pettigrew,  Phifer,  Reid,  Rhodes, 
Ruffin,  Speed,  Spruill  of  Tyrrell,  Strange,  Strong  of  Mecklen- 
burg, and  Thornton — 20. 

Noes — Messrs.  Allison,  Badger,  Battle  of  Wake,  Berry, 
Brown,  Bryson,  Caldwell,  Cannon,  Christian,  Council,  Cunriing- 
ham,  Darden,  Dick,  Ellison,  Foy,  Fuller,  Gilmer,  Gorrell,  Gra- 
ham, Hearne,  Headen,  Holden,  Holmes,  Joyce,  Long,  Man- 
ning, McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares, 
Mebane,  Osborne,  Shipp,  Smith  of  Macon,  Starbuck,  Strong  of 
Wayne,  Washington  and  Woodfin — 37. 

(Not  a  quorum  voting.) 

Mr.  Gilmer  offered  the  following  resolution,  which  wai 
unanimously  adopted,  (Mr.  Graham  in  the  Chair) : 


1862.] 


STATE   CONVENTION.  H^ 


Itesolved,  That  the  thanks  of  this  Convention  are  due,  and 
are  hereby  cordially  tendered  to  the  lion.  Weldon  N.  Edwards, 
for  the  ability,  assiduity,  urbanity  and  impartiality  which  has 
uniformly,  throughout  the  >Yholc  of  the  session,  characterized 
his  deportment  in  the  discharge  of  his  duties  as  presiding  officer 
of  this  body. 

The  committee  on  Enrollments  reported  as  correctly  enrolled 
the  ordinance  to  provide  for  the  funding  of  the  Treasury  notes 
of  the  State,  and  the  same  was  duly  ratified. 

Mr.  Starbuck  moved  a  call  of  the  House,  and  the  motion  was 
not  seconded. 

The  hour  for  adjournment  being  at  hand,  the  President  ad- 
dressed the  Convention,  thanking  the  members  for  the  courtesy 
and  kindness  received  at  their  hands  during  the  session,  ex- 
pressed confidence  in  the  justice  and  final  "success  of  the  cause 
in  which  we  arc  engaged,  and  then  declared  the  Convention 
adjourned  to  12  o'clock,  M.,  on  the  21st  of  April  nvxt. 

[The  journal  of  the  last  day  of  the  session  was  kept  by  J.  H. 
Moore,  in  the  absence  of  the  Principal  Secretary.] 
51 


JOURNAL 


OF 


THE  CONVENTION 


OF   THE   PEOPLE   OF 


NORTH  CAROLINA. 


jFourli)  5^cssion. 


HELD     IN     APRIL     AND     MAY,     1862 


RALEIGH : 
JNO.    W.    SYME,   PRINTER  TO   THE   CONVENTION. 

1862. 


/    Vt    I 


i^OiT/"*     4()  >  HI! 


■■'.»■  3  J'J 


'/i  KM>)i 


JOURNAL 


OP    THE 


STATE    CONVENTION. 

FOURTH    SESSION.    IRCli. 


IN  CONVENTION,  Moxday,  April  21,  18G2. 

In  pursuance  of  the  order  of  adjournment,  the  Convention 
assembled  this  day  and  was  called  to  order  by  the  President. 

Richard  S.  Donncll,  delegate  elect  from  Beaufort  County  to 
fill  the  vacancy  caused  by  the  death  of  "Wm.  J.  Ellison,  appeared, 
produced  his  credentials  and  took  his  seat. 

The  roll  of  members  was  then  called,  wheji  the  following 
answered  to  their  names  : 

Messrs.  Allison,  Badger,  Barnes,  Berry,  Caldwell,  Christian, 
Darden,  Donnell,  Douthitt,  Durham,  Edwards,  Foster  of  Ran- 
dolph, Graham,  Ilearne,  Headen,  Holden,  Kittrell,  Leak  of 
Richmond,  Long,  McNeill  of  Cumberland,  McNeill  of  Harnett, 
Mitchell,  Phifer,  Rayner,  Sanders,  Satterthwaito,  Schenck, 
Smith  of  Johnston,  Starbuck,  Thompson,  Thornton,  Warruu 
and  Wilson — 33. 

There  not  being  a  quorum  present,  on  motion  of  Mr.  Gra- 
ham, the  Convention  adjourned  to  10  o'clock  to-morrow  mornin". 


IN  CONVENTION,  Tuesday,  April  22,  1862. 
The  President  called   the   Convention  to  order    pursuant  to 
adjournment.     The  journal  of  the  last  day  of  last  session,  and 
the  journal  of  yesterday  were  read  and  approved. 


4  JOURNAL  OF  THE  [4th  Session, 

Mr.  Rayner  introduced  certain  amendments  to  the  rules, 
■which  lie  over  one  day. 

The  Convention  then  proceeded  to  the  business  on  the  calendar. 
On  motion  of  Mr.  Gilmer,  the  ordinance   to  provide  for  the 
completion  of  the  Cape  Fear  and  Deep  River  Improvement,  was 
made  the  special  order  for  Thursday  next  at  11  o'clock. 

The  Convention  then  took  up  the  question  pending  at  the  ad- 
journment of  the  last  session,  being  the  motion  of  Mr.  McDuffic 
to  lay  on  the  table  the  ordinance  in  relation  to  the  drafted  mili- 
tia, when,  by  general  consent,  the  same  was  informally  passed 
over. 

Mr.  Graham  offered  a  resolution  in  relation  to  the  tax  on 
spirituous  liquors.  On  motion  the  rules  were  suspended  and  the 
resolution  adopted. 

The  ordinance  to  establish  the  office  of  Lieutenant  Governor 
w&s  then  read  the  second  time  ;  the  question  being  on  the  sub- 
stitute recommended  by  the  committee. 

Mr.  Headen  moved  to  postpone  the  consideration  of  the  sub- 
ject until  the  general  report  of  the  Executive  committee   shall 
come  up  for  consideration,  and  it  was  not  agreed  to. 
The  substitute  of  the  committee  was  then  adopted. 
Mr.  Howard  moved  to  amend   by   striking  out   the   words, 

"  clause ,"  in  the  first   section,  and  inserting  the  words, 

"  section  19,"  which  was  agreed  to. 

He  also  moved  to  amend  by  striking  out  the  words  "  Speaker," 
in  the  second  line  of  the  7th  section,  and  inserting  the  words,    , 
"  President ;"  also  to  insert  the  word,  "  Speaker,"  between  the 
words,  "or,"  and  the  words,  *'  of  the  House  of  Commons,"  in 
the  third  line. 

Also,  to  strike  out  in  line  3rd,  section  5th,  the  word  "  Speak- 
er," and  insert  the  word,  "  President,"  and  the  several  amend- 
ments were  agreed  to. 

The  ordinance  as  amended  then  passed  the  second  reading. 
The  ordinance  in  relation  to  the  Cheraw  and  Coalfields  Rail- 
road, was  then  read  the  second  time. 

Mr.  Christian  moved  to  postpone  the  same  and  make  it  the 
special  order  for  Friday  next  at  11  o'clock. 


\m.)   "  STATE  CONVENTION.  6 

Mr.  Schenck  moved  that  it  be  in(lcfinitely  postponed,  on 
which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Schenck,  and  resulted  in  tlic  negative,  as  follows  : 

Ayes — Messrs.  Baglcy,  Batchelor,  Battle  of  Nash,  Bunting, 
Cunningham,  Darden,  Dickson,  Durham,  Hargrove,  Holmes, 
Howard,  Kelly,  Leak  of  Anson,  McDulBc,  Meares,  Mitchell, 
Moseley,  Rhodes,  Royster,  Sanders,  Schenck,  Setzer,  Smith  of 
Halifax,  Smith  of  Johnston,  Thompson,  Thornton  and  Wil- 
liams— 27. 

Noes — Messrs.  Allison,  Badger,  Barnes,  Battle  of  Wako, 
Berry,  Caldwell,  Calloway,  Christian,  Dick,  Douthitt,  EUer, 
Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrcll,  Graham, 
Green,  Hearne,  Hcadcn,  Holden,  Jones  of  Rowan,  Joyce,  Kit- 
trell.  Long,  Mann,  McNeill  of  Cumberland,  McNeill  of  Harnett, 
Mebane,  Myers,  Phifer,  Rayner,  Satterthwaitc,  Speed,  Star- 
buck,  Thomas  of  Carteret,  Warren  and  Wilson — 37. 

The  motion  of  Mr.  Cbrictian  was  then  agreed  to. 

On  motion  of  Mr.  Badger,  Wm.  R.  Lovell  was  made  Princi- 
pal Doorkeeper  in  place  of  James  Page,  resigned,  and  Drury 
King  was  appointed  Assistant  Doorkeeper. 

On  motion  of  Mr.  Badger,  the  Convention  adjourned  until 
10  o'clock  to-morrow  morning. 


IN  CONVENTION,  Wednesday,  April  23,  18(32. 

The  President  took  the  Chair  and  called  the  Convention  to 
order.  Prayer  by  Rev.  Thomas  E.  Skinner  of  the  Baptist 
Church. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Holden  presented  a  memorial  from  B.  Melchior  in  rela- 
tion to  a  system  of  domestic  economy,  which,  on  his  motion, 
was  referred  to  a  select  committee  of  three. 

Mr.  Speed  presented  the  credentials  of  D.  McDonald  Lind- 
say, delegate  elect  from  Currituck  county,  in  place  of  J.  B 
Jones,  resigned,  whereupon  he  took  his  seat. 

Mr.  Jones,  of  Rowan,  introduced  a  resolution  in  relation  to  the 
Governor,  which  lies  over  one  day. 


R  JOURNAL  OF  THE         [4th  Session, 

The  amendment  to  the  rules  proposed  by  Mr.  Rayner  on  yes- 
terday -were  then  taken  up,  read  and  adopted,  after  being 
amended,  on  motion  of  Mr.  GraLam. 

Mr.  Mitchell  offered  a  resolution  to  withhold  the  payment  of 
a  certain  claim  allowed  by  the  Board  of  Claims,  because  said 
claim  has  already  been  paid,  and  the  resolution  was  adopted  un- 
der a  suspension  of  the  rules. 

The  Convention  then  proceeded  to  the  consideration  of  the 
ordinance  to  establish  the  office  of  Lieutenant  Governor,  on  the 
third  reading. 

Mr.  Graham  moved  to  lay  the  ordinance  on  the  table,  on 
which  the  ayes  and  noes  were  ordered,  and  resulted  in  the  nega- 
tive, as  follows : 

Ayes — Messrs.  Allison,  Bagley,  Berry,  Bogle,  Cannon, 
Dick,  Douthitt,  Foster  of  Randolph,  Graham,  Green,  Hearne, 
Headcn,  Houston,  Jones  of  Rowan,  Joyce,  Kelly,  Kittrell, 
Long,  Mann,  Mebane,  Mitchell,  Smith  of  Johnston,  Speed, 
Starbuck,  Thomas  of  Carteret}  and  Wilson — 27. 

Noes — Messrs.  Atkinson,  Barnes,  Batchelor,  Battle  of 
Edgecombe,  Bryson,  Bunting,  Caldwell,  Calloway,  Cunningham, 
Darden,  Dickson,  Durham,  Edwards,  Eller,  Foster  of  Ashe, 
Fuller,  Gilmer,  Gorrcll,  Ilolden,  Holmes,  Howard,  Johnston, 
Leak  of  Richmond,  Manning,  McDuffie,  McNeill  of  Cumberland, 
McNeill  of  Harnett,  ]\Icares,  Moseley,  Myers,  Osborne,  Ray- 
ner, Rhodes,  Royster,  Sanders,  Schenck,  Setzer,  Smith  of 
Halifax,  Spruill  of  Tyrrell,  Strange,  Thompson,  Thornton, 
"Williams  and  "Williamson — 46. 

Mr.  Graham  then  moved  to  amend  the  ordinance  as  follows : 
Strike  out  of  the  1st  line  of  the  4th  section,  the  words  between 
"the"  and  "absence,"  and  inserting  so  as  to  make  it  read, 
"in  case  of  the  absence  of  the  Governor  from  the  State,"  &c. ; 
on  which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Howard,  and  the  amendment  was  lost,  as  follows  : 

Ayes — Messrs.  Allison,  Bagley,  Berry,  Bryson,  Cannon, 
Christian,  Dick,  Donnell,  Douthitt,  Edwards,  Foster  of  Ashe, 
Foster  of  Randolph,  Gorrell,  Graham,  Green,  Hearne,  Headen, 
Houston,  Jones  of  Rowan,  Joyce,  Kelly,  Kittrell,  Lindsay,  Long, 


1862.]  STATE   CONVENTION.  7 

Mann,  Manning,  Mebane,  INIitchell,  Osborne,  Sanders,  Satter- 
tliwaite,  Setzer,  Smith  of  Johnston,  Speed,  Spruill  of  Tyrrell, 
Starbuck,  Thomas  of  Carteret,  Warren  and  "Wilson — 40. 

Noes — Messrs.  Atkinson,  Barnes,  Batchelor,  Battle  of  Edge- 
combe, Battle  of  Nash,  Bogle,  Bunting,  Caldwell,  Calloway, 
Cunningham,  Darden,  Dickson,  Durham,  Fuller,  Ilolden, 
Holmes,  Howard,  Johnston,  Leak  of  Richmond,  McDuffic, 
McNeill  of  Cumberland,  Meares,  Moselcy,  Myers,  jPhifer, 
Rayner,  Ruffin,  Schcnck,  Strange,  Strong  of  AVayne,  Thomp- 
son, Thornton  and  Williamson — 34. 

Mr.  Graham  also  moved  to  strike  out  the  word,  "  acquittal," 
and  it  was  agreed  to. 

Mr.  Howard  moved  to  insert  the  word  "  his  "  after  the 
word  '*  State," — the  word,  "temporary  "  before  the  word  "in- 
ability," and  to  strike  out  the  word  "  temporarily,"  in  the  third 
line,  and  the  amendments  were  agreed  to. 

He  also  moved  to  amend  by  striking  out  of  line  4,  the  wor4s, 
"  and  compensation,"  also  to  insert  the  word  "  and  "  before  the 
word  "  powers,"  which  amendments  were  adopted. 

Mr.  Graham  moved  to  strike  out  the  5th,  6th  and  7tli  sec- 
tions, and  it  was  not  agreed  to. 

He  then  moved  to  strike  out  the  6th  section,  on  which  the 
ayes  and  noes  were  ordered,  on  motion  of  Mr.  Howard,  and  re- 
sulted in  the  negative,  as  follows  : 

Ayes — Messrs.  Allison,  Atkinson,  Badger,  Barnes,  Berry, 
Bryson,  Cannon,  Christian,  Douthitt,  Eller,  Foster  of  Randolph, 
Gorrell,  Graham,  Green,  Hearne,  Headen,  Houston,  Jones  of 
Rowan,  Joyce,  Kelly,  Kittrell,  Lindsay,  Long,  Manning,  Mitchell, 
Sanders,  Satterthwaite,  Smith  of  Johnston,  Speed,  Starbuck, 
Thomas  of  Carteret,  Warren  and  Wilson — 38. 

Noes — Messrs.  Bagley,  Batchelor,  Battle  of  Edgecombe, 
Battle  of  Nash,  Bunting,  Caldwell,  Calloway,  Cunningham,  Dar- 
den, Dickson,  Durham,  Edwards,  Foster  of  Ashe,  Fuller,  Holden, 
Holmes,  Howard,  Leak  of  Richmond,  McDuffle,  McNeill  of  Cum- 
berland, McNeill  of  Harnett,  Meares,  Moseley,  Osborne,  Phifer, 
Rayner,  Rhodes,  Ruffin,  Schenck,  Setzer,  Smith  of  Halifax, 
52 


8  JOURNAL  OF  THE         [4th  Session, 

Strong  of  Wayne,  Thompson,  Thornton,  Williams  and  William- 
son— 36. 

Mr.  Badger  moved  the  following  as  an  additional  section  : 
"  That  this  ordinance  shall  only  have  effect  and  operation  in  re- 
spect to  the  next  ensuing  election  for  Governor. 

Pending  the  consideration  of  this  amendment. 

The  President  laid  before  the  Convention  a  communication 
from  the  Governor  in  relation  to  speculation  upon  the  necessi- 
ties of  life,  which,  on  motion  of  Mr.  Osborne,  was  referred  to  a 
a  select  committee. 

Also,  a  letter  from  the  Comptroller  of  Public  Accounts,  in 
reply  to  a  resolution  adopted  yesterday,  which,  on  motion  of 
Mr.  Badger,  was  referred  to  the  committee  on  Finance. 

On  motion  of  Mr.  Badger,  the  Convention  adjourned  until 
10  o'clock  to-morrow  morning. 


IN  CONVENTION,  Thursday,  April  24,  1862. 

The  President  took  the  chair  and  called  the  Convention  to  order. 

The  journal  of  yesterday  was  read  and  approved. 

The  President  announced  the  committee  on  the  memorial  of 
B.  Melchior,  as  follows:  Messrs.  Ilolden,  Donncll  and  Dick. 

And  on  the  message  of  the  Governor:  Messrs.  Osborne,  Gil- 
mer, Dickson,  Rayner  and  Schenck. 

At  Mr.  Osborne's  request  he  was  excused  from  serving  on  the 
committee,  and  Mr.  Strange  was  appointed  in  his  place. 

The  President  laid  before  the  Convention  a  communication 
from  our  Senators  and  Representatives  in  Congress,  enclosing 
certain  documents  in  relation  to  the  battle  of  Roanoke  Island. 

On  motion  of  Mr.  Graham,  it  was  laid  on  the  table,  and  the 
letter  ordered  to  be  printed. 

Mr.  Graham  offered  an  ordinance  to  provide  for  the  vacancy 
in  the  office  of  Governor,  which  passed  its  first  reading. 

The  resolution  introduced  by  Mr.  Jones,  of  Rowan,  on  yester- 
day, was  now  taken  up. 

Mr.  Jones,  of  Rowan,  moved  to  lay  the  same  on  the  table, 
and  it  was  agreed  to. 


1862.]  STATE   CONVENTION.  9 

Mr.  Speed  presented  a  petition  from  J.  M.  Perry,  of  Tyrrell 
county,  asking  that  he  be  allowed  to  continue  the  distillation  of 
groin,  which,  on  his  motion,  was  ordered  to  lie  on  the  tabic. 

Mr.  Badger  presented  a  petition  from  the  Society  of  Friends 
or  Quakers,  in  relation  to  their  exemption  from  military  service, 
which,  on  his  motion,  was  laid  upon  the  table. 

The  unfinished  business  of  yesterday  was  now  taken  up,  the 
question  being  on  Mr.  Badger's  amendment  to  the  ordinance  to 
create  the  office  of  Lieutenant  Governor. 

By  consent,  Mr.  Badger  withdrew  his  amendment,  and  the 
question  recurred  on  the  passage  of  the  ordinance. 

Mr.  Badger  moved  to  lay  the  subject  on  the  table,  on  which 
the  ayes  add  noes  were  ordered,  on  motion  of  Mr.  Howard,  and 
resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Allison,  Atkinson,  Badger,  Barnes,  Battle  of 
Wake,  Berry,  Bogle,  Bryson,  Calloway,  Cannon,  Christian, 
Dick,  Donnell,  Douthitt,  Eller,  Foster  of  Ashe,  Foster  of  Ran- 
dolph, Gilmer,  Gorrell,  Graham,  Green,  Ilearne,  Iloadcn, 
Houston,  Jones  of  Rowan,  Joyce,  Kelly,  Kittrell,  Lindsay, 
Long,  Mann,  Planning,  Mebane,  Mitchell,  Ruffin,  Sanders,  Sat- 
tcrtliv.aitc,  Smith  of  Johnston,  Speed,  Spruill  of  Tyrrell,  Star- 
buck,  Thomas  of  Carteret,  Warren  and  Wilson — 44. 

Noes — Messrs.  Bagley,  Batchelor,  Battle  of  Edgecombe, 
Battle  of  Nash,  Brown,  Bunting,  Caldwell,  Cunningham,  Dick- 
son, Durham,  Edwards,  Fuller,  Holden,  Holmes,  HoAvard, 
Johnston,  Leak  of  Richmond,  McDowell  of  Burke,  McDufKe, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Mcares,  Mosclcy, 
Myers,  Osborne,  Phifer,  Rhodes,  Royster,  Schenck,  Sctzor, 
Smith  of  Halifax,  Strange,  Strong  of  Wayne,  Thompson, 
Thornton,  Williams  and  Williamson — 38. 

Mr.  Badger  moved  that  the  Convention  now  consider  the  or- 
der heretofore  introduced  in  regard  to  a  disposition  of  the  con- 
stitutional amendments  embraced  in  certain  resolutions  ofrecd 
to  on  motion  of  Mr.  Graham. 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Badger,  and  resulted  in  the  affirmative,  as  follows : 


10  JOURNAL   OF   THE         [4th  Session, 

Ayes — Messrs.  Allison,  Atkinson,  Badger,  Barnes,  Batchelor, 
Battle  of  Wake,  Berry,  Bogle,  Brown,  Bryson,  Calloway,  Can- 
non, Christian,  Dick,  Donnell,  Douthitt,  Ellcr,  Foster  of  Ashe, 
Foster  of  Randolph,  Fuller,  Gilmer,  Gorrell,  Graham,  Ilearnc, 
Headen,  Ilolden,  Houston,  Jones  of  Rowan,  Jo3^ce,  Kittrell, 
Lindsay,  Long,  Mann,  Manning,  Mebane,  Mitchell,  Osborne, 
Phifcr,  Ruffin,  Sanders,  Satterthwaite,  Smith  of  Johnston, 
Speed,  Spruill  of  Tyrrell,  Starbuck,  Thomas  of  Carteret,  AYar- 
ren  and  Wilson — 48. 

Noes — Messrs.  Bagley,  Battle  of  Edgecombe,  Battle  of  Nash, 
Bunting,  Caldwell,  Cunningham,  Dickson,  Durham,  Edwards, 
Holmes,  Howard,  Johnston,  Kelly,  Leak  of  Richmond,  Mc- 
Dowell of  Burke,  McDuffie,  McNeill  of  Cumberland,  McNeill 
of  Harnett,  Meares,  Moseley,  Myers,  Rhodes,  Royster,  Schenck, 
Smith  of  Halifax,  Strange,  Strong  of  Wayne,  Thompson, 
Thornton,  Williams  and  Williamson — 31. 

Mr.  Howard  moved  to  amend  by  adding  the  following : 
"  Provided^  That  no  amendments  to  the  Constitution  shall  be 
considered  at  the  present  session  of  the  Convention,"  on  which 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Howard,  and 
resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Atkinson,  Bagley,  Batchelor,  Battle  of 
Edgecombe,  Battle  of  Nash,  Brown,  Bunting,  Caldwell,  Cun- 
ningham, Dickson,  Durham,  Edwards,  Holmes,  Howard,  John- 
ston, Jones  of  Rowan,  Leak  of  Ptichmond,  Lindsay,  McDowell 
of  Burke,  McDuffie,  McNeill  of  Cumberland,  McNeill  of  Har- 
nett, Meares,  Mosely,  Myers,  Osborne,  Rayner,  Royster,  San- 
ders, Satterthwaite,  Schenck,  Smith  of  Halifax,  Spruill  of 
Tyrrell,  Strange,  Strong  of  Mecklenburg,  Strong  of  Wayne, 
Thompson,  Thornton,  Williams  and  Williamson — 41. 

Noes — Messrs.  Allison,  Badger,  Barnes,  Battle  of  Wake, 
Berry,  Bogle,  Bryson,  Callowa^y,  Cannon,  Christian,  Dick,  Don- 
nell, Douthitt,  Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Gil- 
mer, Gorrell,  Graham,  Green,  Hearne,  Headen,  Holden,  Hous- 
ton, Joyce,  Kittrell,  Long,  Mann,  Manning,  Mebane,  Mitchell, 
Phifer,  Rhodes,  Ruffin,  Smith  of  Johnston,  Speed,  Starbuck, 
Thomas  of  Carteret,  Warren  and  Wilson — 40. 


1862.]  STATE    CONVENTION,.  11 

The  question  then  recurring  on  the  adoption  of  the  order  as 
amended,  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Howard. 

Before  the  vote  was  taken,  on  motion  of  Mr.  Graham,  the 
subject  Avas  laid  upon  the  table. 

On  motion  of  Mr.  Badger  the  Convention  adjourned  to  10 
o'clock  to-morrow  morning. 


IN  CONVENTION,  Fribay,  April  25,  1862. 

The  President  called  the  Convention  to  order.  Prayer  by 
Rev.  J.  M.  Atkinson,  of  the  Presbyterian  Church. 

The  journal  of  yesterday  Avas  read  and  approved. 

Mr.  Michal  presented  a  petition  from  sundry  citizens  of  Ruth- 
erford county,  prayer  the  speedy  adjournment  of  this  Conven- 
tion, which,  on  his  motion,  was  ordered  to  lie  on  the  table. 

Mr.  Rayner  introduced  an  ordinance  in  regni-d  to  the  hold- 
ing of  the  courts  in  Hertford  county,  which  passed  its  first  reading. 
On  his  motion  the  rules  .were  suspended,  and  the  ordinance  read 
the  second  and  third  times,  passed,  and  ordered  to  be  enrolled. 

Mr.  Gorrell  introduced  an  ordinance  in  relation  to  the  elec- 
tion of  Governor,  which  passed  its  first  reading. 

Mr.  Howard  oiFered  the  following: 

licsolved,  That  on  Wednesday,  the  30th  of  April,  1862,  this 
Convention  will  adjourn  sine  die. 

Lies  over  under  the  rule. 

Mr.  Howard  introduc^ed  an  ordinance  amendatory  ef  "An 
Ordinance  to  raise  North  Carolina's  quota  of  Confederate  troops, 
ratified  the  19th  day  of  February,  1862,"  which  passed  the 
first  reading.     (fM 

On  motion  of  jBtT  Badger,  the  Convention  took  up  for  con- 
sideration the  ordinance  to  exempt  members  of  the  Society  of 
Friends  from  the  performance  of  military  duty. 

Pending  the  consideration  of  the  subject,  the  hour  arrived  to 
take  up  the  special  order  of  the  day,  which,  on  motion  of  Mr. 
Badger,  was  postponed  until  the  ordinance  under  consideration 
should  be  disposed  of. 


12  JOURNAL  OF  THE  [4tu  Session, 

On  motion  of  Mr.  Warren,  after  considerable  discussion,  tlie 
furtlier  consideration  of  the  subject  was  postponed  until  to-mor- 
row. 

Mr.  Warren  then  announced  to  the  Convention  tlie  death  of 
Wm.  J.  Ellipon,  late  a  member  of  this  body  from  Eeaufort 
county,  and  introduced  tlic  folloAving  resolutions,  -wbich  were 
unanimously  adopted: 

Resolved,  That  tliis  Convention  has  heard,  Avith  deep  regret, 
the  intelligence  of  the  demise,  on  the  6th  of  March  last,  of 
^  AViUiam  J.  Ellison,  a  delegate  from  the -county  of  Beauforl. 

Resohcdy  That  it  is  the  sense  of  this  Convention  that  it  has 
lost  by  this  event,  an  able,  upright,  and  useful  member  of  this 
body,  distinguished  hy  industry,  by  devotion  to  his  public  trust, 
and  b}'^  an  intelligent  performance  of  his  duties  as  a  representa- 
tive, and  that  we  bear  cheerful  testimony  to  his  worth  as  a  man, 
and  to  his  integrity  and  capacity  as  a  public  servant. 

Resolved,  That  we  tender  our  sympathy  to  the  family  of  the 
deceased,  and  that  in  token  of  respect  for  his  memory  we  will 
wear  the  usual  badge  of  mourning. 

Resolved,  That  as  a  further  token  of  respect  this  Convention 
do  now  adjourn. 

The  Convention  then  adjourned  to  10  o'clock  to-morrow 
mornins;. 


IN  CONVENTION,'  Saturday,  April  2C,  18G2. 

The  President  called  the  Conventijon  to  order. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Battle,  of  Wake,  from  the'  committee  on  Enrollments, 
reported  as  correctly  enrolled,  a  resolution  in  relation  to  a  cer- 
tain claim  allowed  by  the  Board  of  Claims,'  yt^ich  had  already 
been  paid,  and  an  ordinance  in  regard  to  holding  the  courts  in 
and  for  the  county  of  Hertford,  and  the  same  were  duly  ratified. 

Mr.  Atkinson  introduced  an  ordinance  for  the  relief  of  the 
Banks  of  this  State,  which  passed  the  first  reading. 


1862.]  STATE   CONVENTION.  13 

On  motion  of  Sattertlnvaito,  t!«  rules  were  suspen,!.,,    the 

::  b:r„r;.' '"  ^™''""  •™"  '''■'  *■"■-•  ^--<''  -^  ^^^^ 

no^'uln;":"  '■'^""■''"".«^"«>*'^,  "^"it%™nent,  waa 

Mr.  SaUertlnvaito  moved  to  lay  the  resolution tn the  ttble 
n  wh.eh  the  ayes  and  noes  were  ordered,  on  .notion  o    J    ' 
Howard,  and  resulted  in  the  affirmative  as  follows- 

Ayes— Messrs.  Allison,  Atkinson,  Bajjlev  Barnox  K.,t.i    i 
Battle  of  Wahe,   Berry,  Brown,  Brysr„ 'o!l   :^,^C    ::' 
C  nstun   ack    Douthitt,  Eller,  Foster  of  Rand^h,  FuHer' 
Gilmer,  Gorrell,   Graham,   Green,  Hearne,    Ileaden    Iloh le,  ' 

lZ°'u    Tn'  '''\'''""''  '^--S'  M-'Neill  of  C  m  e         ' 
M  Ne,  1  of  Harnett,  Mearcs,  Mebane,  Rhodes,  R„ffi„,  S.a   C, 

t!"  rd'^v^^n-i^": "'  '"""^""'  ''"•'-^'  ^^"-'  ^^-'5 

Noes    Messrs.  Battle  of  Edgecombe,  Battle  of  Nash   R„„f 

-:f  As":' T"'t"''  "*""'  ""^"»"'  ^"-t  W 

r„1  r  '  irT  T ''  "'^'-S™™.  Hol'ne^,  Houston,  Howard 
Johnston,  Kelly  Leak  of  Anson,  Leak  <,f  Riehmoni,  L  n  Lav 
Lyon  McDowell  of  Burke,  McDuffie,  Miehal,  Mitch  II    S' 

Z'  Tl'  f  ^'"'■'  y^'"'  ''^'■^"»'^'  S"*--.  Smith  of  iwt 
f«,  Speed,  ^Strange,  Strong  of  Mecklenburg,  Strong  of  Wa™ 

il^iriO  "■'""'  '''"""""•  ^''"™'».  ^^'"iams  and  (v-;: 

„of  w  *^'''''' wi"  "''^'"'""=°  '"  '■"«■"■''  ">  *''^'  '^'"^'■•on  of  «„ver. 
nor,  was  read  the  second  time. 

Mr.  Gorrell  moved  as  a  substitute  the  ordinance  on  the  <,.„, 
subject  heretofore  introduced  by  him,  and  the     n  e  wa  t 
.1  by  Mr  Graham,  and  the  question  recurred  on  t  e  pTsX 
of  the  ordnumce  as  thus  amende.!.  Passage 

Mr.  Barnes  moved  to  amend  the  -Ith  section  by  str.kin,.  out 
of  the  3rd  hne,  the  words  "in  the  Executive  office/'  a,       ;e,t 
n^^the^word    "and''   before    the  word    "take,'"'   which  ^ 

cessor  shall  have  been  .^S"  X~.'      ""'"  '"  ""- 


14  JOURNAL  OF  THE         [4th  Session, 

Mr.  Gorrell  moved  to  amend  the  8th  line  of  the  3rd  section 
by  striking  out  all  after  the  word  "until,"  and  inserting  "his 
successor  shall  be  qualified."     Agreed  to. 

Mr.  Green  moved  to  strike  out  the  5th  section,  on  which  the 
ayes  and  noes  were  ordered,  on  motion  of  Mr.  Howard,  and 
resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Green  and  Smith  of  Johnston — 2. 
»  Noes — Messrs.  Allison,  Atkinson,  Badger,  Bagley,  Barnes, 
Batchelor,  Battle  of  Edgecombe,  Battle  of  Nash,  Battle  of 
Wake,  Berry,  Bogle,  Brodnax,  Brown,  Bryson,  Bunting,  Cald- 
well, Calloway,  Cannon,  Christian,  Cunningham,  Dick,  Dickson, 
Douthitt,  Durham,  Edwards,  Eller,  Foster  of  Ashe,  Foster  of 
Randolph,  Fuller,  Gilmer,  Gorrell,  Graham,  Greenlee,  Har- 
grove, Hearne,  Headen,  Holden,  Holmes,  Houston,  Howard, 
Johnston,  Jones  of  Rowan,  Joyce,  Kelly,  Kittrell,  Leak  of  An- 
son, Leak  of  Richmond,  Lindsay,  Long,  Lyon,  Mann,  Man- 
ning, McDowell  of  Burke,  McDuflSe,  McNeill  of  Cumberland, 
McNeill  of  Harnett,  Meares,  Mebane,  Michal,  Mitchell,  Mose- 
ley,  Myers,  Rayner,  Rhodes,  Royster,  Ruffin,  Sanders,  Schenck, 
Setzer,  Smith  of  Halifax,  Speed,  Starbuck,  Strange,  Strong  of 
Mecklenburg,  Strong  of  Wayne,  Thomas  of  Carteret,  Thomp- 
son, Thornton,  Washington,  Williams,  Williamson  and  Wil- 
son— 81. 

Mr.  Smith,  of  Halifax,  moved  to  amend  by  striking  out  of 
the  third  section  the  words  "in  the  Executive  office,  and," 
which  was  agreed  to. 

Also,  by  striking  out  of  the  2nd  section  the  words  "  to  the 
seat  of  government  and  delivers,"  which  was  agreed  to. 

Mr.  Howard  moved  to  strike  out  all  except  the  enacting 
clause,  and  insert,  "  That  the  true  construction  of  tlie  Consti- 
tution is,  that  upon  the  death  of  the  Governor,  the  office 
devolves  upon  the  person  designated  by  the  Constitution  to  exer- 
cise the  powers  of  the  Governor  for  the  residue  of  the  guber- 
natorial terra. 

Mr.  Battle,  of  Wake,  asked  for  a  division  of  tlie  question  so 
that  the  vote  should  first  be  taken  on  striking  out. 


ist}2.]  STATE  CONVENTION.  If, 

The  division  being  ortU'ieil,  the  ayc-s  and  noes  wore  ordered, 
on  motion  of  Mr.  IIoMard,  iipdu  the  f(iicstion  of  ^^triking  out, 
and  resulted  in  the  iicgativc,  ab  follows? : 

Ayes — Messrs.  Batclielor,  lUttie  of  Edgecombe,  Battk'  (.f 
Xasli,  Bn-nting,  Caldwell,  CaJloway,  Dickson,  Durham,  Edwardn, 
Fuller,  (jrreeii.  (xreenlee,  Jlolmes,  Howard,  Johnston,  McDowell 
of  Burke,  MeDuflie,  McNeill  of  Cumberland,  McNeill  of  llar- 
7»ett,  Miehal,  Mitchell,  Moseley,  Rayuor,  Jihodes,  Ruflin, 
Schouok,  SeUier.  8niith  of  Halifa.x,  vStrangP,  Strong  of  Meck- 
lenburg, Strong  of  Wayne,  Tbonia.s  of  Carteret,  ;ind  Wil- 
liams—*J-S, 

NoEi^ — iVfessrs.  Alli.-ion,  Atkinson.  Badger,  liagley,  Barnes. 
J^\  liattle  of  Wake,  Berry,  liogle.  Brown.  Bry.soii,  Cannon,  Chriw- 
tian,  Dick,  Donnell,  Douthitt,  Eller,  Foster  of  Asho,  Foster  of 
HandolpJi.  Oilmer,  Gmrell,  Graham,  Hcarne,  Jlcadeu,  Ilolden, 
Joues  of  liowan,  Joyce,  Kelly,  Kittrell,  Leak  of  Anson,  Leak 
of  llichmoHd,  Tiind.say,  Long,  jiyon,  Mann,  Manning.  Meares,. 
Mebane,  MyeiH,  Royster,  Siindern.  Sattevthwaitt:,  Smith  of 
Johnst<>n,  Speed,  .Starbuck,  Tliompson,  Thornton.  AVarren. 
Wa^hingtoJi.  Williamson  and  Wilson — .")7. 

^ir,  liayner  moved  to  strike  out  al!  oi'  the  ordinance  ami 
insert  the  following; 

Hec^'hoi,  That  His  E.xctjiioncy,  Henry  T.  Clark,  is,  under 
ihe  constitution  of  this  State,  Governor  of  the  State  until  th<' 
first  day  of  January,  18«io  ;  and  that  he  is  fully  entitled  and 
authorizijd  to  perform  all  the  functions  and  duties  of  Govornor, 
and  to  receive  the  salary  provided  by  law,  of  said  office,  until 
the  first  day  of  Jnnunry.  iSii:^  ;,i,rl  x\nx{]  his  puccessor  is  elected 
;jud  qualitied. 

That  the  Secretary  of  this  Convention  be  directed  to  delivof 
a  coi>y  of  the  foregoing  resolution  to  His  Excellency,  Henry  T. 
Clark,  and  that  be  be  requested  to  signify  to  this  Convention  hifi 
decision  in  regard  to  his  exercising  the  functions  of  Governor, 
until  tho  first  day  of  January,  18(3o. 

On  mciion  of  Mr.  Badger  the  rjuestion  was  divided,  and  the 
vote  ordered  on  ;-tnking  out;  .m  which  liie  aves  and  noes  were 
5'i 


10  .T(>T'RNAL    i>F    111^  \-\'\w  Skbbion. 

nidoied.  '>n  motion  of  MV.    Battle.    n[  VV;ikc.    ;iud   resulted  in 
the  ne_ffativo,  ap  follows: 

Ayj;s — Messrs.  IJatehcIor,  Battle  of  Edi^ccMnibe,  Battle  of 
Nash,  Bunting,  Caldwell,  Callowny,  Ciinninghani.  Dickson,  Dur- 
ham, EdwanU.  Fuller,  Green,  Greci^lf^e,  Holmes.  Howard. 
Johnston,  Lyon.  McDowell  of  Burke.  McDuffie,  McNeill  of 
Cumberland.  McNeill  of  Harnett.  Miehal,  Mitchell,  Moseley. 
Bajner.  Bhodes,  R oyster,  Euffin,  Smith  of  Halifax,  Strange. 
Strong  of  Mecklonburff,  Stronc;  of  Wayne,  Thoina?  of  Carteret. 
Thornton  and  AVilliajn.s — -l'). 

NoE? — Messrs.  Allison.  Atkinson.  Badger,  Bagley.  Barnes. 
^  Battle  of  "Wake,  Berry,  Bogle,  Brown.  Bryson,  Cannon,  Chns- 
"^  tian,  Dick.  Donnell.  Dbuthitt,  Eller,  Foster  of  A&be,  Foster  of 
Randolph,  Gilmer,  Gorrell,  Graham,  ilearne,  Head6n,  Holden. 
Houston,  Jones  of  Itowan,  Jojce,  Kelly,  Kittrell,  Leak  of 
Anson,  Tieak  of  Riclimond,  Lindsa}''.  Long.  j\L'inn,  ^Manning, 
Meares,  Mcbane,  Myers,  Sanders,  Satterthwaite,  Schenek,  Smitli 
of  Johnston.  Speed,  Starbuck,  Thompson,  Warren,  Washington. 
AVilliarason  and  Wilson — 41'. 

]\Ir.  Barnes  moved  to  amend  the  2d  jine  of  the  third  section 
by  striking  out  the  word  "third,"'  and  inserting  tbe  word 
'•fourth,'  {ind  it  was  agreed  to, 

Mr.  lladger  moved  to  amend  by  striking  out  the  words  "  first 
day,"  in  the  '^rd,  4th  and  r)th  sections,  respectively,  a^id  insert- 
ing the  words  "second  Monday,"  and  it  was  agreed  to. 

Mr.  Kuffin  moved  to  amend  the  .')th  sectR>n  by  provirling  that 
the  term  of  the  Governor  sjiall  continue  until  his  successor  shall 
be  qualified,  and  it  was  agreed  to. 

The  question  then  recurred  on  the  passage  of  the  ordina.nce. 
on  which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Howard,  and  resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Allison,  Atkinson,  Badger,  Bagley,  Barnes. 
Batchclor,  Battle  of  Edgecombe,  Battle  of  Nash.  Battle  of 
Wake,  Berry,  Bogle,  Brown,  Bryson,  Bunting,  Caldwell,  Callo- 
way, Cannon,  Christian,  Cunningham,  Dick,  Douthitt.  Durham. 
Eller,  Foster  of  Ache,  Foster  of  Randolph.  Fuller,  Gilmer, 
Gorrell,  Graham,  Greenl(;e,   Hargrove,   Heurue,  Headea,  Hoi- 


1862.1  STATR  'CONVENTION.  IT 

den.  Holmes,  Jioubton,  Howard,  .lolmstuii,  JoiK^i  oC  lluwun, 
Joyce,  Kelly,  Kittiell,  Leak  of  Ausou,  Leak  of  Ivichniontl. 
Lindsay,  Long,  Lyoii,  Miinn,  Manning,  McDowell  of  Burke, 
McDuffie,  McNeill  oi"  Oumbeiland,  McNeill  of  Harnett,  Meares, 
Mobunc,  ^Lchal.  Moseloy.  Myers.  Rhodes,  Royster,  Sunders. 
Sattertbwaite,  Sehenck,  Set^ser,  Smith  of  Halifax,  Hpead,  Star- 
buek,  JStrong  of  Mecklenburg,  Strong  of  Wayne,  Tlioaias  of 
Carteret,  Thompson,  Thornton,  Warren.  Wushingtou,  William- 
fion  and  Wilson — 70. 

.  Noes— Messrs.  Dickson,  Edwards,  Gre«n,  Mitchell,  Ruttin. 
Smith  of  Johnston,  Strantje  and  Williams  — 8. 

On  motion,  the  rules  Avere  suspended,  the  ordinance  read  the 
third  time  ami  passed,  and  ordered  to  be  enrolled. 

A  uie&sage  was  received' ]5tiom  His  Excellency,  the  Governor 
which  enclosed  a  report  from  J.  INL  Worth,  Salt  Commissioner, 
and.  a  letter  from  Prof.  Emmons,  in  relation  to  the  Salt  AVell  in 
Chatham  ^county,  whicli  were  read,  an<l  ordered  to  lie  on  the 
table  and  be  printed. 

Mr.  Meares  olfered  the  following'; 

McMlved,  That  a  committee  be  appointed  to  investigate  into 
the  necessity  of  the  ])urcliase  of  a  burial  ground  for  the  soldiers 
now  in  the  service  at  an<l  near  this  city,  and  that  they  report 
by  ordinance  or  otherwise. 

The  rules  were  suspended  and  the  lesolutiou  was  adopted. 
On  motion  of  .AL.  Badger,  the  Convention  took  up  the  ordi- 
nance to  exempt  Quakers  from  military  duty. 

Mr.  Gorrell  oftered  the  following  as  a  substitute :  That  mem- 
bers of  good  standing  in  the  Society  of  Friends,  commonly 
known  as  Quakers,  who  shall  produce  a  regular  certificate  of 
memberahip.  shall  be  exempt  from  performing  militia  duty  and 
military  service. 

Mr.  Howard  moved  to  lay  the  subject  on  the  table,  on  which 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Thomas,  of 
Carteret,  and  resulted  in  the  negative,  as  follows-: 

AifKS—Messrs.  Allison,  Atkinsf»ii,  Brown,  Bryson,  Buutiuir. 
•  Mnningha'u,  Douthitt,  Durham,  Edwards.  Eller,  Eoster  of 
Ashe,  Green,  (n-eenlce,    Hargrove.   Hearne,  Holmes,  Howard, 


18     ,  JOURNAL   OF  THE  [4Tn  Session, 

Johuston,  Joyce,  Leak  of  x\.Uf>on,  Lindsay,  J/yoii,  McDowell  of 
Burke,  McDuffie,  McNeill  of  Cumberland.  Michal,  Moaeley, 
Myers,  Rayncr,  Royster,  Schenck,  Setzer,  Smith  of  Halifax, 
ytrange,  Strong  of  Mecklenburg.  Thomps^on,  Thornton,  Wil- 
liams nud  AVilliamson — -^H. 

NoES-j'Mesers.  Badgci-.  Bngley,  Batchelor,  Battle  of  Wake, 
Berry,  'Bogle.  Caldwell,  Calloway,  Cannon,  Chrit^tian,  Dick, 
Dickson.  Donuell,  Foster  of  Randolph,  Fuller,  (TJlmor,  Gt)rrell, 
Graham.  Headen,  Ilolden,  Houston,  Jones  of  Rowans  Kelly, 
Kittrell,  Leak  of  Richmond,  Long,  Mann,  Manning,  McNeill 
of  Harnett,  Mebane,  Rhodes,  Ruffiu,  Sanders,  Satterthwaite, 
Smith  of  Johnston,  Speed,  Starbuck,  Strong  of  Wayne,  Thomas 
of  Carteret,  W^arren,  Washington,  and  Wilson — 42. 

Mr.  Smith,  of  Halifax,  moved  to' amend  as  follows  :  "Which 
exemption  shall  only  extend  to  the  bearing  of  arms." 

On  this  queistion  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  McDuffie,  and  resulted  in  the  negative,  as  follow'S  : 

Ayes — Messrs.  Atkinson.  Battle  of  Edgecombe,  Bryson^ 
Bunting,  Cunningham,  Durham,  Foster  of  Ashe,  Hargrove, 
Hearne,  Johnston,  Joyce.  Lyon,  McDowell  of  Burke,  McDuffie, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Michal,  Moseley, 
Myers,  Rayner,  Ro^^ster.  Schenck,  Set7.er,  Smith  of  Halifax. 
Thompson  and  Williamson — 2»!. 

NOE;^ — Messrs.  Allison.  Badger.  Bagley,  Batchelor,  Battle  of 
Wake,  Berry,  Bogle,  Caldwell,  Calloway,  Cannon,  Christian, 
Dick,  Dickson, 'Donnell,~Douthitt,  Eller,  Foster  of  Randolph, 
Fuller,  Gilmer,  Gorrell,  Graham.  Green,  Greenlee,  Headen, 
Holden,  Holmes,  Houston,  Jones  of  Rowan,  Kelly,  Kittrell, 
Leak  of  Anson,  Leak  of  Richmond,  Lindsay,  'Long,  Mann, 
Manning,  Mebane,  Rhodes,  Ruffin,  Sanders,  Satterthwaite, 
Smith  of  Johnston,  Speed.  Starbuck,  Strange,  Strong  of  Wayne. 
Thomas  of  Carteret,  Thornton,  Warren,  Washington,  Williams 
and  Wilson — b'i. 

Mr.  Schenck  moved  to  amend  by  adding  the  words.  "  required 
by  the  laws  of  this  State." 

Mr.  Jones,  of  Rowan,  moved  an  adjournment,  on  which  mo- 
tion the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Schenck. 
and  resulted  in  the  affirmative,  as  follows : 


1862.]  STATE    CONATENTION.  19 

Ayes — Messra.  Allison,  Atkinson,  Barnes.  Batchelor,  Battle 
of  Wake,  Bogle,  Bryson,  Bunting,  Caldwell,  Cunniugharo, 
Douthitt,  Durbaiu,  Fuller,  Greenlee,  Hargrove,  Holmes,  How- 
nr^,  Jones  of  Rowan,  Lindsay,  Lyon,  Mann,  Manning,  Mc- 
Dowell of  Burke,  McDnflic,  McNeill  of  Cumberland,  McNeill 
of  Harnett,  Miehal,  Myers,  Ilayner,  Rhodes,  Royster,  Schenck, 
Setzer,  Smith  of  Halifax,  Strange,  Strong  of  Wayne,  Thomp- 
son, Thornton  and  Williams — 38. 

Noes — Messi-a.  Badger,  Bagley,  Berry,  lirown,  Calloway, 
Cannon,  Christian,  Dick,  Dickson,  Donfiell,  Foster  of  Ashe, 
Foster  of  Randolph,  Gilmer,  Gorrell,  Graham,  Headen,  Hou.s- 
ton,  Johnston,  Joyce,  Kelly,  Kittrell,  Leak  of  Anson,  Leak  of 
Richmond,  Long,  Mebane,  Mitchell,  Moseley,  Sanders,  Satter- 
thwaite,  Smith  of  Johnston;' JM^ed,  Starbuck,  Strong  of  Meck- 
lenburg, Thomas  of  Carteret,  Vv'arren  and  Wilson — 36. 

The  Convention  then  adjourned  until  to-morrow  morning,  10 
o'clock. 


IN  CONVKNTiON,  Monday,  April  28,  1862. 

The  Convention  met,  the  President  in  the  chair.  Prayer  by 
Rev.  lienry  Hardie,  of  the  Presbyterian  Church. 

The  journal  of  yesterday  was  read  and  approved. 

The  President  announced  the  following  committee  on  the  sub- 
ject of  a  burial  ground  for  the  soldiers,  viz:  Messrs.  Meares, 
Battle  of  Wake,  Berry,  Hoklen  and  Lyon. 

Mr.  Howard  introduced  an  ordinance  to  amend  an  ordinance 
to  secure  certain  ofticer:^  and  soldiers  the  right  to  vote,  which 
passed  its  lirst  i-eadiug. 

Mr.  W^arren  offered  a  resolution  in  regard  to  the  assessment 
and  collection  of  taxes  in  certain  counties,  which  was  adopted 
under  a  suspension  of  the  rules. 

By  Mr.  Schenck,  a  resolution  i::  relation  to  the  report  of  the 
committee  of  the  Confederate  CongreSw*;  in  regard  to  the  battle 
of  Roanoke  I'^limd.  which  lie.s  wov  umo  day,  under  the  rule. 


20  TOU'KNAL  OF  THE  [4th  Ses{*iox, 

Oil  motion  of  Mr,  Howard,  the  Convention  took  up  the  ordi- 
nance amendatory  of  the  ordinance  to  raise  North  Carolina's 
quota  of  Confederate  troops,  on  its  second  reading. 

Mr.  Smith,  of  Halifax,  moved  to  amend  section  1  by  adding 
the  following:  "And  al.'iO  to  such  conscript.^  as  shall  be  called 
into  service  by  virtue  of  the  act  of  Congress  at  the  time  they 
are  mustered  into  the  Gonfederate  service." 

On  motion  of  Mr.  Badger,  the  ordinance  and  amendment 
were  T^eferreii  to  the  committee  on  Military  Aftairs. 

Mr.  (iiinier  introduced  an  ordinance  to  complete  ten  brigades 
and  tender  thein  to  the  Xl^onfftdevate  States,  which  passed  its 
first  reading; 

Mr.  Strange  moved  that  at  half-past  one  o'clock  the  Conven- 
tion sit  with  closed  doors,  whiG||i^as  agreed  to. 

Mr.  Leak,  of  Richmond,  moved  to  take  from  the  table  the 
resolution  of  Mr.  Howard,  relating  to  adjournment. 

Mr.  Badger  moved  to  lay  the  motion  on  the  table,  jon  which 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Leak,  of 
Jlichmond,  and  resulted  in  the  negative,  as  follows: 

Ayes — Messrs.  Allison,  Badger,  Barnes,  Battle  of  Wake, 
l'>ogle,  Bryson,  Calloway,  Cannon,  Christian,  Dick,  Douthitt, 
Foster  of  Randolph,  Gilmer,  Graham,  Green,  Joyce,  Kittrell, 
Long,  Mann,  Manning,  Mitchell,  Phifer,  Rhodes,  Ruffin,  Satter- 
ihwaite,  Spruill  of  Bertie,  Starbuck  and  Wilson — 28. 

Noes — Messrs.  Atkinson,  Bagley,  Batclielor,  Battle  of  Edge- 
combo,  Battle  of  Nash,  Berry,  Bunting,  Dick.s'on,  Durham,  Ed- 
wards, Hearne,  Headen,  Holmes,  Houston,  Howard,  Jones  of 
Rowan,  Kelly,  Leak  of,  Anson,  Leak  of  Richmond,  Lindsay, 
Lyon,  McDowell  of  Burke,  McDuliie,  Meares,  Michal,  Moseley, 
Rayner,  Schenck,  Setzer,  Smith  of  Halifax,  Smith  of  Johnston, 
Strange,  Strong  of  Mecklenburg,  StJ'ong  of  Wayne,  Thompson, 
Thornton,  AVilliamis,  Williauisori  tind  Wooten — 40. 
Mr.  Graham  called  for  the  orders ^f  the  day.- 
Mr,  Leak,  of  Richmond,  moved  to  postpone  the  special  orders 
until  his  motion  be  disposed  of,  on  which  the  ayes  and  noes  were 
ordered,  on  his  motion,  and  resulted  in  the  n-eirative,  as  follows: 


1862.]  .^TATE   CONVENTrOX.  21 

Ayes — Messrs.  Atkinsoiij  Biiglcy,  Batclielor,  IJattlc  of  Edge- 
combe, Battle  of  ^aah,  Hunting.  Caldwell,  Dickson,  Durham,. 
Edwards,  Holmei^,  'Howard,  Jones  of  IJownn,  Kelly,  Leak  of 
Anson,  Leak  of  Hiclmioud,  Lyon,  McDowell  of  Burke,  Me- 
Duffie,  McNeill  uf  Cumberland,  Micbal,  Moseley,  |layner, 
Schenck,  Setzer,  Smith  of  Halifax.  Strange,  Strong  of  Meck- 
lenburg, Strono;  of  Woyne,  Thompson,  Thornton.  ^Villinm?:. 
Williamson  and  Wooten — o4. 

Noes — Messrs.  Allison,  Badger.  Barnes,  Battle  of  AVake, 
Berry,  Bogle,  Bryson,  C;illoway,  Cannon,  T'hristian,  Dick,  Don- 
nell,  Doulliitt,  Foster  of  Randolph,  Gilmer,  Graham,  Green, 
Hearne,  Ileaden,  lloldcn,  Uouston,  Joyce,  Kittrell,  Long, 
Mann,  Manning,  Meares,  Mitchell,  IMiifer,  Rhodes,  Buffi n,  Sat- 
terthwaitc.  Smith  of  Jojinston,  Sjiruill  of  Bertie,  Starhuck. 
AVarrcu  and  Wilson — 37. 

The  Convention  then  proceeded  to  the  consideration  of  the 
special  order,  being  the  ordinance  to  exempt  from  military  service, 
members  of  the  Society  of  Friends,  the  pen.ling  (piestion  being 
on  Mr.  Schenck's  amendment. 

On  this  question  the  ayes  atid  noes  were  ordered,  on  motion 
of  Mr.  Schenck,  and  resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Bagley,  Batchelor,  Battle  of  Edgecombe, 
Battle  of  Nash,  JJunting,  Caldwell,  Durham,  Holmes,  Howard, 
Leak  of  Anson,  Leak  of  Bichmond,  Lyon,  McDowell  of  Burke. 
!McDuffie,  McNeill  of  Cumberla^id,  Michqtl,  Moseley,  Myers, 
Phifer,  Rayncr,  Schenck,  Sefzcr,  Smith  of  Halifax,  Spruill  of 
Bertie,  Strange,  Strong  of  Mecklenburg,  Strong  of  W^lyne. 
Thompson,  Thornton,  Williams,  Williamson  and  Wooten — o4. 

Noes — Messrs.  .Allison,  Atkinson,  Badger,  Barnes,  Battle  oi' 
Wake,  Berry,  Bryson,  Calloway,  Cannon,  Christian,  Dick,  Dick-' 
son,  Donnell,  Douthitt,  Foster  of  Randolph,  Gilmer,  Graham, 
Hearne,  Headen,  Holdeu,  Houston,.  Jones  of  Rowan,  Joyce, 
Kelly,  Kittrell,  Long,  Mann,  Manning,  Meares,  Rhodes,  Ruf- 
iin,  Satterthwaitc,  Smith  of  Johnston,  Starbuck,  Warren  and 
Wilson— 85. 

Mr.  Schenck  then  moved  to  amend  as  follow?:  •'  Frouidtn/, 
That  as  an  equivalent  for  such  service  they  s^hall  pay  the  sum 


2-2  JOURNAI.   OK   THE     •    [4x11  Skssi-on, 

of  one  hundroil  (lollars,  and  in  ca.^c  thev  are  unable  to  pay  the 
same,  the  Governor  shall  have  power  to  deta^  them  to  assist  ni 
the  manufacture  of  salt  or  to  attend  the  hosp^Mls  of  the  State." 

Mr.  llayner  moved  to  amend  the  amendment  by  inserting 
-after  the  word  "dollars,"  the  words  " to  be  levied  and  collected 
by  the  Sherifts  of  the  several  counties  as'  other  State  taxes;" 
which  was  agreed  to. 

Mr.  Barnes  moved  to  amend  by  inserting  after  the  word 
'*•  dollars,"  the  words,  "when  called  for  by  the  proper  authority," 
which  was  agreed  to. 

The  question  then  recurj'cd  on  tlic  amendment  as  amended, 
on  which  the  ayes  and  noes  were  ordered,  on  motion  of  Air. 
Badger,  and  resulted  in  the  affirmative,  as  follows: 

Ayes — Messrs.  Atkinson,  Bagley,  Barnes,  Battle  of  Nash, 
Bryson,  Bunting,  Caldwell,  Gannon,  Douthitt,  Durham,  Ed- 
wards, Hearne,  Holmes,  Howard,  Joyce,  Kittrell,  Lindsay, 
Lyon,  McDowell  of  Burke,  McDuffic,  McNeill  of  Cumberland, 
Michal,  Mitchell,  Moseley,  Myers,  Rayner,  Scherck,  Setzer, 
Smith  of  Halifax,  Strange.  Strong  of  Mecklenburg,  Strong 
of  Wayne,  Thompson,  Thornton.  Williams,  Williamson  and 
AVooten— 37. 

No*ES — Messrs.  Allison,  Badger,  Batchelor,  Battle  of  Edge- 
combe, Battle  of  Wake,  Berry,  Bogle.  Calloway,  Dick,  Dick- 
son, Donnell,  Foster  of  Randolph,  Gilmer,  Graham,  Headen, 
Holden,  Houston,  Jones  of  Rowan,  Kelly,  Leak  of  Anson, 
Leak  of  Richmond,  l-ong,  Mann,  Phifer,  Rhodes.  Kuffin,  Sat- 
terthwaite,  Spruill  of  Bertie,  Starbuck,  War]-cn  and  Wilson — ^3J. 

On  motion  of  Mr.  Rayner,  the  amendment  just  adopted  was 
further  amended,  by  the  insertion  of  a  provq^ion  that  the  taxes 
thereby  collected  shall  be  used  for  the  general  purposes  of  the 
government. 

The  hour  having  arrived,  the  Convention  proceeded  to  sit 
with  closed  doors. 

After  some  time  spent  in  secret  session,  the  doors  were  ugain 
opened.  ^ 

Mr.  Speed  asked  and  obtained  leave  to  have  it  stated  on  the 
journal  that  had  he  been  in  his  seat  when  tiie  vote  on  Mr. 


1862.]  STATE   CONVENTION.  28 

Scliciicks  aincudiiicnt  to  the  <v>Uiikcr  oniiiiancc  was  taken,  he 
would  have  voted, in  the  negative. 

On  motion  of  Mr.  Manning,  leave  of  absence  for  the  remain- 
der of  the  week  was  granted  to  Mr.  Battle,  of  "Wake. 

Mr.  Jones,  of  RoAvan,  asked  leave  of  absence  for  Mr.  Fuller, 
which  the  Convention  refused  to  grant. 

The  President  announced  the  following  committee  on  the  reso- 
lution in  regard  to  the  assessment  and  collection  of  taxes  in 
certain  counties :  Messrs.  Warren,  Holmes,  Satterthwaite,  Can- 
non, Dick,  Spruill  of  Bertie,  and  Strong  of  Wayne. 

On  motion  of  Mr.  Badger,  the  Convention  adjourned  until  10 
o'clock  to-morrow  morning. 


IN  CONVENTION,  Tuesday,  April  29,  18G2. 

The  President  took  the  chair  and  called  the  Convention  to 
order.     Prayer  by  Rev.  Dr.  Mason,  of  the  P.  E.  Church. 

The  journal  of  yesterday  was  read  and  approved. 

The  President  announced  the  following  committee  on  the 
report  of  the  Salt  Commissioner,  and  the  letter  of  Prof.  Em- 
mons :  Messrs.  Meares,  Manning,  Lindsay,  Gilmer  and  Setzer. 

Mr.  Strange,  from  the  select  committee  on  the  Governor's 
message  concerning  the  price  of  provisions,  reported  an  ordinance 
on  that  subject,  and  recommended  its  passage,  and  the  same 
passed  the  first  reading. 

The  ordinance  and  communication  were  ordered  to  be  printed. 

Mr.  Howard,  from  the  committee  on  Military  Affairs,  report- 
ed back  the  ordinance  amendatory  of  an  ordinance  to  raise 
North  Carolina's  <juota  of  Confederate  troops,  with  a  substitute, 
recommending  its  passage. 

On  his  motion  the  rules  were  suspended,  and  the  ordinance 
was  now  considered,  the  question  being  on  agreeing  to  the  sub- 
stitute. 

Ou  motion  of  Mr.  Barnes,  the  further  consideration  of  the 
ordinance  was  postponed  until  Thurmlay  next,   and  made  the 
special  order  for  12  o'clock  of  that  day. 
54 


24  JOURNAL  OF  THE  [4th  Session, 

Mr.  ]j:irlgcr  introduced  an  ordinance  for  the  better  regulation 
<)i'  the  city  of  Raleigh,  which  passed  its  first  reading. 

Mr.  Howard  offered  the  following : 

Resolved,  That  the  Governor  be  requested  to  inform  the 
Convention  of  the  number  of  troops  now  in  service  at  the  ex- 
pense of  the  State :  whether  the  Confederate  government  is 
receiving  North  Carolina's  quota  at  the  designated*  camps  of 
instruction  at  its  expense,  and  by  it  to  be  supplied  and  armed ; 
and  also  whether  the  conscription  act  of  Congress  has  yet  been 
made  the  subject  of  correspondence  between  the  two  governments. 

On  motion,  the  rulei?  were  suspended  and  the  resolution  was 
adopted. 

Mr.  Barnes  offered  the  following : 

Jles^ohu'cL  That  a  committee  of  three  be  appointed  to  prepare 
a  draft  of  the  Constitution  of  this  State,  omitting  such  provis- 
ions as  are  not  now  operative,  and  incorporating  therein  such 
amendments  as  liave  been  heretofore  adopted  by  the  General 
Asseml>ly  and  by  this  Convention,  and  report  the  same. 

The  resolution  lies  over  one  day. 

Mr.  Rayner  introduced  an  ordinance  to  provide  for  the  col- 
lection of  the  tax  on  spirituous  liquors  manufactured  and  sold 
in  this  State,  imposed  by  an  ordinance  of  this  Convention,  rati- 
fied the  2nd  day  of  February,  1S62,  which  passed  the  first 
reading.  On  motion,  the  rules  were  suspended  and  the  ordinance 
road  the  second  time,  and  amended  so  as  to  require  its  being 
given  in  charge  to  the  grand  juries  of  the  several  counties,  tlien 
passed  the  second  and  third  readings,  and  ordered  to  be  enrolled. 

Mr.  Rayner  offered  a  resolution  authorizing  the  Comptroller 
to  have  published  three  hundred  copies  of  the  ordinance  just 
passed  and  forward  a  copy  to  the  Sheriff,  Clerk  of  the  County 
Court,  Chairman  of  the  Court  and  ('ounty  Solicitor,  of  each 
county  in  the  State. 

The  rules  were  suspended  and  the  resolution  was  adopted. 

The  ordinance  to  exempt  members  of  the  Society  of  Friends 
IVom  the  ])erfoimance  of  military  duty,  being  the  special  order 
of  the  day,  was  now  taken  up. 


1862.]  STATE   CONVENTION.  25 

Mr.  Leak,  of  Kichmond,  moved  to  postpone  the  auinc,  in  order 
to  take  up  the  resolution  relating  to  adjournuient  on  which 
motion  the  ayes  and  noes  were  ordered,  and  resulted  in  the  negn- 
tive  by  a  tic  vote,  as  follows : 

xivES— Messrs.  Atkinson,  13agley,  Batehelor,  Berry,  iiuutin", 
Caldwell,  Darden,  Dillard,  Durham,  Edwards,  Greenlee,  Fteaden, 
Hearne,  Holmes,  Houston.  Howard,  Johnston.  Jones  of  Rowan. 
Leak  of  Anson,  Leak  of  Richmond,  McDowell  of  Burke  Mc- 
Neill of  Cumberland,  McNeill  of  Harnett,  Michal,  Moseley, 
Rayner,  Sanders,  Schenck,  Setzer,  Smith  of  Halifax,  Strange, 
Strong  of  Mecklenburg,  Strong  of  Wayne,  Tliompson,  Thorn- 
ton, Williams,  Williamson  and  Wooten — 38. 

Noes — Messrs.  Allison,  Badger,  ]5arnes,  Bogle,  Bryson,  Cal- 
loway, Cannon,  Christian,  Dickson,  Donnell,  Douthitt,  Foster  of 
Randolph,  Gilmer,  Graham,  Green,  Holden,  Jones  of  Caldwell, 
Kelly,  Kittrell,  Lindsay,  Long,  Mann,  Manning,  Merritt, 
Mitchell,  Myers,  Rhodes,  Ruflin,  Satterthwaite,  Smith  of  John- 
ston, Speed,  Spruill  of  Bertie,  Starbuck,  Thomas  of  Carteret, 
Warren,  Washington  and  Wilson — 38. 

Mr.  Thompson  moved  to  amend  the  ordinance  under  consid- 
eration, by  adding,  that  all  persons  claiming  this  exemption  shall 
not  be  entitled  to  vote  at  any  of  the  elections  established  by 
law.  On  this  question  the  ayes  and  noes  were  ordered,  on  mo- 
tion of  Mr.  Barnes,  and  resulted  in  the  negative,  as  follows: 

Ayes — Messrs.  Battle  of  Nash,  Caldwell,  Johnston,  McDowell 
of  Burke,  McDuffie,  McNeill  of  Cumberland,  Setzer,  Stroni'  of 
Mecklenburg,  Thompson,  Thornton  and  Williams — IL  ' 

Noes — Messrs.  Allison,  Atkinson,  Badger,  Bagley,  Barnes 
Batehelor,  Battle  of  Edgecombe,  Berry,  Bogle,  Bryson,  Bunt- 
ing, Calloway,  Cannon,  Christian,  Darden,  Dick,  Dickson,  Dil- 
lard, Donnell,  Douthitt,  Durham,  Edwards,  Foster  of  Randolph, 
Gilmer,  Graham,  Greenlee,  Hearne,  Headen,  Holden,  Holmes. 
Houston,  Howard,  Jones  of  Caldwell,  Jones  of  Rowan,  Joyce, 
Kelly,  Kittrell,  Leak  of  Anson,  Leak  of  Richmond,  Lindsay, 
Long,  :Mann,  Manning,  McNeill  of  Harnett,  Merritt.  Mitchefl. 
Moseley,  Myers,  Rhodes,  Riiflin,  Sanders,  Satterthwaite,  Schenck, 
Smith  of  Halifax,  Smith  of  Johnston,  Speed,  Spruill  of  Bertie 


26  JOFRNAL  OF  THE  [4th  Session, 

Spniill  of  TyrrtH,  iStarbnck,  Strong  of  Wayne,  Thomas  of  Car- 
teret, AVarren,  Washington,  Williamson,  Wilson  and  Wooten — 66. 

The  ordinance  then  passed  the  second  reading  and  was  order- 
ed to  be  printed. 

The  ordinance  amending  the  Bill  of  Rights  was  taken  up. 

Mr.  Leak,  of  Richmond,  moved  that  it  lie  on  the  table,  on 
which  motion  he  asked  the  ayes  and  noes,  which  being  ordered, 
resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Atkinson,  Bagley,  Batchelor,  Battle  of  Nash, 
Bunting,  Caldwell,  Darden,  Dickson,  Dillard,  Durham,  Edwards, 
Greenlee,  Holmes,  Howard,  Johnston,  Jones  of  Caldwell,  Jones 
of  Rowan,  Leak  of  Anson,  Leak  of  Richmond,  Lindsay,  Mc- 
Dowell of  Burke,  McDuffie,  McNeill  of  Cumberland,  Michal, 
Moseley,  Rayner,  Schenck,  Setzer,  [Smith  of  Halifax,  Strange, 
Strong  of  Mecklenburg,  Strong  of  Wayne,  Thompson,  Thorn- 
ton, Washington,  Williams,  Williamson  and  Wooten — 38. 

Noes — Messrs.  Allison,  Badger,  Barnes,  Berry,  Bogle,  Bry- 
son,  Calloway,  Cannon,  Christian,  Dick,  Donnell,  Douthitt, 
Foster  of  Randolph,  Gilmer,  Graham,  Hearne,  Headen,  Hol- 
den,  Houston,  Joyce,  Kittrell,  Long,  Mann,  Manning,  McNeill 
of  Harnett,  Merritt,  Mitchell,  Myers,  Rhodes,  Ruffin,  Sanders, 
Satterthwaite,  Smith  of  Johnston,  Spruill  of  Bertie,  Starbuck, 
Thomas  of  Carteret,  Warren  and  Wilson — 39. 

The  ordinance  was  then  read  by  sections.  The  Gth  section 
being  read,  Mr.  Graham  moved  to  amend  so  that  it  shall  read, 
"All  elections,  of  whatsoever  nature,  ought  to  be  free,"  which 
was  agreed  to. 

For  the  7th  section  the  committee  recommend  the  following : 
"  That  in  all  criminal  prosecutions,  every  man  has  a  right  to  be 
informed  of  the  accusation  against  him  and  to  confront  the  ac- 
cuser and  witnesses  with  other  testimony ;  and  shall  not  be 
compelled  to  give  evidence  against  himself;  nor  shall  any  person 
be  subject  for  the  same  offense,  to  be  twice  put  in  jeopardy  of 
life  or  limb;"  and  the  amendment  was  agreed  to. 

The  9th  section  being  read,  Mr.  Ruffin  moved  to  amend  by 
striking  out  the  word  "heretofore,"  in  the  last  line,  and  adding 
the  words  "before  and  on  the  17tb  day  of  December,  1776," 
which  was  agreed  to. 


1862.]  STATE   CONVENTION.  27 

The  committee  locommeiidecl  in  lieu  of  the  12tli,  the  follow- 
ing :  That  rio  free  man  ought  to  be  taken,  imprisoned  or  dis- 
sieized  of  his  freehold,  liberties  or  privileges,  or  outlawed  or 
exiled,  or  in  any  manner  destroyed  or  deprived  of  his  life,  lib- 
erty or  property,  but  by  the  law  of  the  land ;  nor  shall  right  or 
justice  be  sold,  denied  or  delayed  to  any  one  ;  nor  shall  private 
property  be  taken  for  public  use  without  just  compensation :  and 
the  amendment  was  adopted. 

The  ir>th  section  being  read,  Mr.  Graham  moved  the  follow- 
ing in  lieu  thereof:  That  every  citizen  may  freely  speak,  write 
and  publish  his  sentiments  on  all  subject^,  being  responsible  for 
the  abuse  of  that  liberty  ;  and  no  law  shall  ever  be  passed  to 
curtail,  abridge  or  restrain  the  liberty  of  speech  or  of  the  press. 

On  this  question  the  ayes  and  noes  were  ordered,"  on  motion 
of  Mr.  Schenck,  and  resulted  in  the  negative,  as  follows : 

Ayes— Messrs.  Allison,  Bagley,  Berry,  Bogle,  Bryson,  Can- 
non, Christian,  Dick,  Donnell,  Gilmer,  Graham,  llearne, 
Headen,  Holden,  Houston,  ,Jones  of  Caldwell,  Joyce,  Long, 
Meares,  Rhodes,  Sanders,  Satterthwaite,  Smith  of  Johnston, 
Speed,  Spruill  of  Tyrrell,  Starbuck,  Thomas  of  Carteret,  and 
Wilson— 28. 

Noes — Messrs.  Akinson,  Badger,  Barnes,  Batchelor,  Battle 
of  Edgecombe,  Battle  of  Nash,  Bunting,  Caldwell,  Calloway, 
Darden,  Dickson,  Dillard,  Douthitt,  Durham,  Edwards,  Green- 
lee, Holmes,  Howard,  Johnston,  Jones  of  llowan,  Kelly,  Kit- 
trell,  Leak  of  Anson,  Leak  of  Richmond,  Manning,  McDowell 
of  Burke,  McDuffie,  McNeill  of  Cumberland,  McNeill  of  Har- 
nett, Michal,  Rayner,  Rujffin,  Schenck,  Setzer,  Smith  of  Hali- 
fax, Strange,  Strong  of  Mecklenburg,  Strong  of  Wayne,  Thomp- 
son, Thornton,  Warren,  Williaiijs,  Williamson  and  Wooten — 48. 

Mr.  Mitchell  moved  to  amend  by  striking  out  the  word  "the," 
in  the  first  line,  and  insert  the  woVds  "an  honest,"  which  was 
not  agreed  to. 

Mr.  Ruffin  moved  to  amend  the  17th  section  by  addinor  as 
follows :  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house,  without  the  consent  of  the  owner,  nor  in  time  of  wnr,  but 
in  a  manner  prescribed  by  law ;  which  was  agreed  t(n 


.28  JOURNAL   OF  THE  [4th  Session, 

The  remaining  sections,  except  the  25th,  having  been  read, 
Mr.  Kuffin  moved  that  the  Convention  adjourn,  but  at  the 
request  of  Mr.  Thompson,  withdrew  the  motion. 

Mr.  Thompson  then  ofiered  the  following,  by  general  consent : 
Resolved^  That  this  Convention  do,  on  Saturday  next,  at  2 
o'clock,  P.  M.,  adjourn,  subject  to  the  call  of  the  President ; 
and  in  case  of  his  death,  of  Messrs.  Graham,  Howard,  Badger, 
Smith  of  Halifax,  and  Rayner,  or  a  majority  of  them,  at  any 
time  from  now  until  the  first  day  of  November,  1862  ;  and  if 
not  thus  called  together  by  that  time,  that  this  Convention  do 
stand  adjourned  sine  die,  without  further  order. 
The  resolution  lies  over  one  day. 

Then,  on  motion  of  Mr.  Ruffin,  the  Convention  adjourned 
until  10  o'clock  to-morrow  morning. 


IN  CONVENTION,  Wednesday,  April  SO,  1862. 

The  President  called  the  Convention  to  order  pursuant  to 
adjournment.  Prayer  by  Rev.  Thomas  E.  Skinner,  of  the 
Baptist  Church. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  McDowell,  of  Burke,  introduced  a  resolution  concerning 
the  county  of  Burke,  which  was  adopted,  under  a  suspension  of 
the  rules,  and  ordered  to  be  enrolled. 

Mr.  Thompson  introduced  an  ordinance  in  regard  to  persons 
confined  within  prison  bounds,  which  passed  the  first  reading. 

The  resolutions  of  Mr.  Schenck  in  relation  to  Roanoke  Island 
were  taken  up,  and  agreed  to,  as  follows : 

Resolved,  That  the  Convention  of  North  Carolina  has  re- 
ceived the  report  of  the  comtnittee  of  the  House  of  Represen- 
tatives of  tlie  Confederate  States,  raised  for  the  purpose  of 
investigating  the  causes  of  the  fall  of  Roanoke  Island,  on  the 
coast  of  North  Carolina,  with  great  pleasure,  and  that  the  Con- 
vention is  gratified  to  know  that  neither  the  officers,  men,  or 
.inthorities  of  North  Carolina  are  to  1)lamo  for  the  unfortunate 
result;  and  that  the  patriotism  nnd  valoi'  of  our  troops  has  l)een 
fully  vindicated. 


1862.]  STATE  CONVENTION.  29 

That  ten  copies  of  said  report  be  printed  for  each  inciuber  of 
this  Convention. 

Mr.  Thompson's  resolution  relating  to  adjournment,  introduced 
on  yesterday,  was  now  taken  up. 

Mr.  Graham  moved  that  it  lie  on  the  table,  on  which  the 
ayes  and  noes  were  ordered,  on  motion  of  Mr.  Thompson,  and 
resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Allison,  Armfield,  Badger,  Barnes,  Berry, 
Bryson,  Calloway,  Can'non,  Christian,  Dick,  Donnell,  Douthitt, 
Eller,  Foster  of  Randolph,  Gilmer,  Graham,  Ileaden,  Holden, 
Jones  of  Caldwell,  Joyce,  Kittrell,  Lindsay,  Long,  Mann,  Man- 
ning, McNeill  of  Harnett,  Mitchell,  Myers,  Rhodes,  Ruffin, 
Satterthwaite,  Spruill  of  Bertie,  Starbuck,  Thomas  of  Carteret, 
Warren  and  Wilson — 38. 

Noes — Messrs.  Atkinson,  Bagley,  Batchelor,  Battle  of  Nash, 
Bunting,  Caldwell,  Dickson,  Dillard,  Durham,  Edwards,  Green- 
lee, Hargrove,  Hearnc,  Holmes,  Houston,  Howard,  Johnston, 
Jones  of  Rowan,  Kelly,  Leak  of  Anson,  Leak  of  Richmond, 
McDowell  of  Burke,  McDuffie,  McNeill  of  Cumberland,  Meares, 
Michal,  Miller,  Moseley,  Penland,  Phifer,  Rayner,  Sanderc, 
Schenck,  Setzcr,  Smith  of  Halifax,  Smith  of  Johnston,  Strange, 
Strong  of  Mecklenburg,  Strong  of  Wayne,  Sutherland,  Thomp- 
son, Thornton,  Washington,  Williams,  Williamson  and  Woo- 
ten — 46. 

At  the  suggestion  of  Mr.  Batchelor,  the  word  "  Saturday  " 
was  stricken  out,  and  "Wednesday"  inserted. 

Mr.  Barnes  moved  to  strike  out  "Wednesday,"  and  insert 
"Monday,  12th  of  May,"  pending  the  consideration  of  which, 

Mr.  Graham  called  for  the  orders  of  the  day. 

Mr.  Jones,  of  Rowan,  moved  to  postpone  the  orders  of  the 
day  until  the  resolution  under  consideration  shall  be  disposed 
of,  on  which  the  ayes  and  noes  were  ordered,  on  his  motion, 
and  resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Atkinson.  Bagley,  Barnes,  Batchelor,  Battle 
of  Nash,  Bunting,  Caldwell,  Dickson,  Dillard,  Durham,  Ed- 
wards, Greenlee,  Hargrove,  Hearne,  Holmes,  Houston,  Howard, 
Johnston,  Jones  of  CaUlwoll,  Jone.s  of  Rowan,  Kelly,  Leak  of 


30  JOURNAL   OF   THE         [4tii  Session, 

Ansou,  Leak  of  Bichmoiid,  McDowell  of  Burke,  McDuffie,  Mc- 
Neill of  Cumberland,  McNeill  of  Harnett,  Micbal,  Miller, 
Moseley,  Penland,  Phifer,  Ilayner,  Sanders,  Schenck,  Setzer, 
Smith  of  Halifax,  Smith  of  Johnston,  Strange,  Strong  of  Meck- 
lenburg, Strong  of  Wayne,  Sutherland,  Thompson,  Thornton, 
AVasliington,  Williams,  Williamson  and  Wootcn — 18. 

Noes — Messrs.  Allison,  Armfield,  Badger,  Berry,  Bogle, 
Bryson.  Callo^Yay,  Cannon,  Christian,  Dick,  Donnell,  Douthitt, 
Eller,  Foster  of  Randolph,  Gilmer,  Graham.  Green,  Headen, 
Holden,  Joyce,  Kittrell,  Lindsay,  Long,  Mann,  Manning,  Meares, 
^Mitchell,  Myers,  Rhodes,  Ruffin,  Satterthwaite,  Smith  of  Ma- 
con, Speed,  Spruill  of  Bertie,  Starbuck,  Thomas  of  Carteret, 
Warren  and  Wilson — 38. 

The  question  recurred  on  the  amendment  offered  liy  Mr. 
Barnes,  and  it  \yas  agreed  to. 

Mr.  McDuffie  moved  to  amend  by  providing  that  when  the 
Convention  adjoui'n  it  adjourn  sine  die,  on  which  the  ayes  and 
noes  were  ordered,  on  motion  of  Mr.  Barnes,  and  resulted  in 
the  negative,  as  follows  : 

AvEF — Messrs.  Battle  of  Nash,  Caldwell,  Durham,  Hargrove, 
jMcDowell  of  Burke,  McDuffie,  Moseley  and  Penland — 8. 

Noes — Messrs.  Allison,  Armfield,  Atkinson,  Badger,  Bagley, 
Barnes,  Batchelor,  Berry,  Bogle,  Bunting,  Calloway,  Cannon, 
Christian,  Dick,  Dickson,  Dillard,  Donnell,  Douthitt,  Edwards, 
Eller,  Foster  of  Randolph,  Gilmer,  Graham,  Green,  Greenlee, 
Hearne,  Headen,  Holden,  Holmes,  Houston,  Howard,  Johnston, 
Jones  of  Caldwell,  Jones  of  Rowan,  Joyce,  Kelly,  Kittrell, 
Leak  of  Anson,  Leak  of  Richmond,  Long,  Mann,  Manning, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares,  Merritt, 
Miclial,  Miller,  Mitclioll,  Myers,  Phifer,  Rayjicr,  Rhodes,  Ruffin, 
Sanders,  Satterthwaite,  Schenck,  Setzer,  Smith  of  Halifax, 
Smith  of  Johnston,  Smith  of  Macon,  Speed,  Spruill  of  Bertie, 
Starbuck,  Strange.  St)-ong  of  Mecklenburg,  Strong  of  Wayne, 
Sutherland,  Thomas  of  Carteret,  Tliompson,  Thornton,  Warren, 
Washington,  Williams,  Williamson,  Wilson  and  AVootcn — 78. 

Mr.  Spruill,  of  Bertie,  moved  to  postpone  the  further  con- 
sideration of  the  subject  until  the  l-th  day  of  May,  ou  which 


^^w^ 


1862.]  STATE   CONVENTION.  31 

the  ayes  and  noes  were  ordered,  and  resulted  in  the  negative,  as 
follows : 

Aye.^ — Messrs.  Allison,  Armficld,  Christian,  Dick,  Donnell, 
Douthitt,  Fester  of  Randolph,  Gilmer,  Graham,  Ileaden,  IIol- 
den,  Joyce,  KittrcU,  Mann,  Manning,  Merritt,  Sattorthwaite, 
Smith  of  Macon,  Spruill  of  Bertie,  Starbuck,  Thomas  of  Car- 
teret, Warren  and  Wilson — 23. 

Noes — Messrs.  Atkinson,  Badger,  Baglcy,  Barnes,  Batche- 
lor.  Battle  of  Nash,  Berry,  Bogle,  Bryson,  Bunting,  Caldwell, 
Calloway,  Cannon,  Dillard,  Durham,  Edwards,  Eller,  Foster  of 
Ashe,  Green,  Greenlee,  Hargrove,  Ilearne,  Holmes,  Houston, 
Howard,  Johnston,  Jones  of  Caldwell,  Jones  of  Rowan,  Kelly, 
Leak  of  Anson,  Leak  of  Richmond,  Long,  McDowell  of  Burke, 
McDuffie,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares, 
Michal,  Miller,  Mitchell,  Mosclcy,  Pcnland,  Phifer,  Rayner, 
Rhodes,  RuflSn,  Sanders,  Schenck,  Setzer,  Smith  of  Halifax, 
Smith  of  Johnston,  Speed,  Strange,  Strong  of  Mecklenburg, 
Strong  of  Wayne,  Sutherland,  Thompson,  Thornton,  Washing- 
ton, Williams,  Williamson  and  Wooten — 62. 

Mr.  Leak,  of  Richmond,  offere(i  a  substitute  providing  for  an 
adjournment  on  the  10th  of  May,  subject  to  the  call  of  the 
President  or  five  named  delegates,  in  case  of  emergency ;  and 
in  case  no  emergency  shall  arise  sooner,  then  to  re-assemble  at 
■the  close  of  the  war  and  finish  the  business  of  amending  the 
Constitution. 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Howard,  and  resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Allison,  Atkinson,  Berry,  Bogle,  Bryson, 
Cannon,  Christian,  Dick,  Douthitt,  Eller,  Foster  of  Randolph, 
Gilmer,  Graham,  Heaine,  Leak  of  Richmond,  Long,  McNeill  of 
Cumberland,  Penland,  Smith  of  Macon,  Starbuck  and  Wil- 
son—2L 

Noes — Messrs.  Armfield,  Badger,  Barnes,  Battle  of  Edge- 
combe, Bunting,  Caldwell,  Calloway,  Dickson,  Dillard,  Donnell, 
Durham,  Foster  of  Ashe,  Green,  Greenlee,  Hargrove,  Ueaden, 
Holden,  Holmes,  Howard,  Johnston,  Jones  of  Caldwell,  Jones 
of  Rowan,  Joyce,  Kelly,  Leak  of  Anson,  Mann,  Manning. 
55 


32  JOURNAL  OF  THE  [4th  Session, 

McDowell  of  Burke,  McDuffie,  McNeill  of  Harnett,  Merritt, 
Michal,  Mitchell,  Moseloy,  Phifer.  Rayner,  Rhodes,  Ruffin, 
Sanders,  Satterthwaite,  Schenck,  Setzcr,  Smith  of  Halifax, 
Smith  of  Johnston,  Speed,  Spruill  of  Bertie,  Strange,  Strong 
of  Mecklenburg,  Strong  of  Wayne,  Sutherland,  Thompson, 
Thornton,  Warren,  Williams,  Williamson  and  Wooteu — 57. 

The  question  now  recurred  on  the  resolution  as  amended,  on 
which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Schenck, 
and  resulted  in  the  affirmative,  as  follows  : 

Ayes — Messrs.  Atkinson,  Badger,  Bagley,  Barnes,  Batchelor, 
Battle  of  Nash,  Bunting,  Caldwell,  Christian,  Dickson,  Dillard, 
Durham,  Edwards,  Foster  of  Ashe,  Green,  Greenlee,  Hargrove, 
Holmes,  Houston,  Howard,  Johnston,  Jones  of  Caldwell,  Jones 
of  Rowan,  Leak  of  Anson,  McDowell  of  Burke,  McDuffie, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Michal,  Miller, 
Mitchell,  Moseley,  Penland,  Phifer,  Rayner,  Sanders,  Schenck, 
Setzer,  Smith  of  Halifax,  Smith  of  Johnston,  Strange,  Strong 
of  Mecklenburg,  Strong  of  AVayna,  Sutherland,  Thompson, 
Thornton,  Williams,  Williamson  and  Wooten — 49. 

Noes — Messrs.  Allison,  Armfield,  Berry,  Bogle,  Bryson, 
Calloway,  Cannon,  Dick,  Donnell,  Douthitt,  Eller,  Foster  of 
Randolph,  Gilmer,  Graham,  Hearne,  Headen,  Hoi  den,  Joyce, 
Kelly,  Leak  of  Richmond,  Long,  Mann,  Manning,  -Merritt, 
Ruffin,  Satterthwaite,  Smith  of  Macon,  Speed,  Spruill  of  Bertie, 
Starbuck,  Thomas  of  Carteret,  Warren  and  AVilson — 33. 

Mr.  Rayner  presented  a  communication  from  the  Public 
Treasurer,  which,  without  being  read,  was  ordered  to  lie  on  the 
table. 

On  motion  of  Mr.  Badger,  the  Convention  adjourned  until 
to-morrow  morning  10  o'clock. 


IN  CONVENTION,  Thursday,  May  1,  1862. 
The  Convention  met,  the  President  in  the  chair. 
The  journal  of  yesterday  was  read  and  approved. 


1862.]  STATE   CONVENTION.  S8 

The  President  laid  before  the  Convention  the  resignation  of 
R.  F.  Armfield,  delegate  from  the  county  of  Yadkin,  and  the 
same  was  accepted. 

A  message  from  the  Governor  in  answer  to  a  resolution  of 
inquiry  in  regard  to  the  troops  now  in  camp ;  also  a  letter  from 
the  Secretary  of  War,  were  received,  and  ordered  to  lie  on  the 
table  and  be  printed. 

The  communication  of  D.  W.  Courts,  Public  Treasurer,  pre- 
sented on  yesterday,  was  read,  ordered  to  be  printed,  and,  on 
motion,  referred  to  the  committee  of  Finance. 

Mr.  Manning,  from  the  committee  on  the  report  of  the  Salt 
Commissioner  and  the  letter  of  Prof.  Emmons,  reported  an 
ordinance  to  amend  the  ordinance  to  provide  for  a  supply  of 
salt,  ratified  during  the  second  session  of  the  Convention,  which 
passed  its  first  reading.  • 

Mr.  Myers  gave  notice  of  an  amendment  he  would  offer  at 
the  proper  time,  which  was  read  for  information  and  ordered  to 
be  printed. 

Mr.  Warren,  from  the  committee  on  that  subject,  reported  an 
ordinance  for  the  collection  of  taxes  in  certain  counties,  which 
passed  its  first  reading. 

Mr.  Michal  oftered  a  resolution  asking  information  of  the  Ad- 
jutant General  in  relation  to  the  number  of  troops  now  and 
heretofore  in  the  service  of  the  State,  and  the  number  furnished 
by  each  county  respectively. 

On  moti\)n,  the  rules  were  suspended,  and  the  resolution 
ad-reed  to. 

Mr.  AVashington  introduced  an  ordinance  to  hmit  the  growth 
of  cotton  and  tobacco,  which  passed  the  first  reading. 

Mr.  Smith,  of  Macon,  from  the  committee  on  Enrollments, 
reported  as  correctly  enrolled,  "  A  resolution  concerning  the 
county  of  Burke,"  which  was  duly  ratified. 

Mr.  Rayner  offered  a  series  of  resolutions  in  relation  to  the 
order  of  business  and  the  sessions  of  the  Convention,  and  moved 
to  suspend  the  rules  and  put  the  same  on  the  passage  now.  On 
this  motion  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Smith,  of  Johnston,  and  resulted  in  the  affirmative,  as  follows : 


U  JOURNAL  OF  THE  [4Tn  Session, 

Ayes — Messrs.  Allison,  Atkinson,  Berry,  Bogle,  Brovrn,  Bry- 
son,  Caldwell,  Calloway.  Cannon,  Christian,  Dick,  Dillard, 
DoutMtt,  Durham,  Ellcr,  Foster  of  Ashe,  Foster  of  Randolph, 
Gilmer,  Gorrell,  Graham,  Green,  Hamlin,  Hearne,  Headen, 
Holden,  Houston,  Jones  of  Caldwell,  Joyce,  Kelly,  Kittrell, 
Leak  of  Anson,  Leak  of  Richmond,  Long,  Mann,  Manning, 
Merritt,  Michal,  Miller,  Myers,  Penland,  Phifer,  Rayner, 
Rhodes,  Ruflin,  Sanders,  Satterthwaite,  Shipp,  Smith  of  John- 
ston, Smith  of  Macon,  Speed,  Spruill  of  Bertie,  Starhuck, 
Strong  of  Mecklenburg,  "Warren,  WiUiamson  and  Wilson — 56. 

Noes — Messrs.  Bagley,  Barnes,  Batchelor,  Battle  of  Edge- 
combe, Battle  of  Nash,  Bunting,  Dickson,  Donnell,  Edwards, 
Greenlee,  Howard,  Johnston,  Jones  of  Rowan,  Lindsay,  Mc- 
Dowell of  Burke,  McDuffie,  McNeill  of  Cumberland,  Royster, 
Schenck,  Setzer,  Strange,  Strong  of  Wayne,  Sutherland,  Thomp- 
son, Thornton  and  Wooten — 26. 

Mr.  Howard  then  moved  to  amend  the  resolutions  by  provid- 
ing that  ordinances  and  resolutions  which  do  not  relate  to  a 
change  of  the  Constitution  shall  be  first  considered,  on  which 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Howard,  and 
resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Bagley,  Batchelor,  Battle  of  Edgecombe, 
Battle  of  Nash,  Brown,  Bunting,  Caldwell,  Dickson,  Dillard, 
Durham,  Edwards,  Howard,  Johnston.  Jones  of  Rowan,  Leak 
of  Anson,  Leak  of  Richmond,  Lindsay,  McDowell  of  Burke, 
McDuffie,  McNeill  of  Cumberland,  Miller,  Royster,  Schenck, 
Setzer,  Smith  of  Halifax,  Strange,  Strong  of  Mecklenburg, 
Strong  of  Wayne,  Sutherland,  Thoippson,  Thornton,  Washing- 
ton, Williamson  and  Wooten — 34. 

Noes — Messrs.  Allison,  Atkinson,  Badger,  Barnes,  Berry, 
Bogle,  Bryson,  Calloway,  Cannon,  Christian,  Dick,  Douthitt, 
Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell, 
Graham,  Green,  Hamlin,  Hearne,  Holden,  Jones  of  Caldwell, 
Joyce,  Kelly,  Kittrell,  Long,  Mann,  Manning,  Merritt,  Michal, 
Myers,  Penland,  Phifer,  Rayner,  Rhodes,  Ruffin,  Sanders,  Sat- 
terthwaite, Shipp,  Smith  of  Johnston,  Smith  of  Macon,  Speed, 
Spruill  of  Bertie,  Starbuck,  Warren  and  Wilson— 47. 


1862.]  STATE   CONVENTION.  35 

Mr.  Badger  moved  to  lay  the  resolutions  on  the  table,  on 
which  the  ayes  and  noes  were  ordered,  on  his  motion,  and  re- 
sulted in  the  negative,  a.s  follows : 

Ayes — Messrs.  Badger,  Bagley,  Batchclor,  Battle  of  Edge- 
combe, Battle  of  Nash,  Bunting,  Caldwell,  Dickson,  Dillard, 
Donnell,  Durham,  Edwards,  Greenlee,  Howard,  Johnston,  Jones 
of  Rowan,  Lindsay,  McDowell  of  Burke,  McDuffie,  Miller, 
Royster,  Schenck,  Smith  of  Halifax,  Strange,  Strong  of  Meck- 
lenburg, Strong  of  Wayne,  Sutherland,  Thompson,  Thornton 
and  Wooten — 31. 

Noes — Messrs.  Allison,  Atkinson,  Barnes,  Berry,  Bogle, 
Brown,  Bryson,  Calloway,  Cannon,  Christian,  Dick,  Douthitt, 
EUer,  Fo,>^ter  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell, 
Graham,  Green,  Hamlin,  Hearne,  Headen,  Holden,  Jones  of 
Caldwell,  Joyce,  Kittrell,  Leak  of  Anson,  Leak  of  Richmond, 
Long,  Mann,  Manning,  Merritt,  Michal,  Myers,  Penland,  Phifer, 
Rayner,  Rhodes,  Ruffin,  Sanders,  Satterthwaite,  Shipp,  Smith 
of  Johnston,  Smith  of  Macon,  Speed,  Spruill  of  Bertie,  Star- 
buck,  Williamson  and  Wilson— 49. 

Mr.  Strange  moved  to  strike  out  all  that  part  relating  to  the 
order  of  business,  and  insert :  That  no  alterations  or  amend- 
ments of  the  Constitution  shall  be  considered  or  acted  upon  at 
this  session  of  the  Convention. 

On  this  question  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Schenck,  and  resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Bagley,  Batchelor,  Battle  of  Nash,  Brown, 
Bunting,  Caldwell,  Dickson,  Dillard,  Durham,  Edwards,  Green- 
lee, Howard,  Johnston,  Jones  of  Rowan,' Leak  of  Anson,  Leak 
of  Richmond,  Lindsay,  McDowell  of  Burko,  McDuffie,  McNeill 
of  Cumberland,  Miller,  Royster,  Schenck,  Setzer,  Smith  of 
Halifax,  Strange,  Strong  of  Mecklenburg,  Strong  of  Wayne, 
Sutherland,  Thompson,  Thornton,  Washington,  Williamson  and 
Wooten— 34. 

Noes— Messrs.  Allison,  Atkinson,  Badger,  Barnes,  Berrv, 
Bogle,  Bryson,  Calloway,  Cannon,  Christian,  Dick,  Donnefl, 
Douthitt,  Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer, 
Gorrell,  Graham,  HamJin,  Hearne,  Headen,  Holden,  Houston 


36  JOURNAL   OF  THE  [4th  Session, 

Jones  of  Caldwell.  Joyce,  Kelly,  Kittrell,  Long,  Mann,  Man- 
ning, jNIerritt,  Michal,  Mitchell,  Myers,  Penland,  Phifer,  Ray- 
ner,  Rhodes,  Ruffin,  Sanders,  Sattertliwaite,  Shipp,  Sraitli  of 
Johnston,  Smith  of  Macon,  Speed,  Spruill  of  Bertie,  Starbuck, 
Warren  and  "Wilson — 50. 

Mr.  Badger  moved  to  amend  by  striking  out  the  ^yords  "  ten 
minutes,"  and  inserting  "fifteen  minutes,"  and  it  was  not 
agreed  to. 

He  then  moved  to  strike  out  all  that  part  of  the  resolutions 
which  restricts  the  speeches  of  members,  on  w;hich  tli^  ayes  and 
noes  were  ordered,  on  his  motion,  and  resulted  the  -negative,  as 
follows  : 

Ayes — Messrs.  Badger,  Barnes,  Battle  of  Edgecombe,  Bunt- 
ing, Donnell,  Kittrell,  McDuffie,  McNeill  of  Cumberland,  Mitch- 
ell, Royster,  RufFm,  Strange,  Strong  of  Wayne,  Sutherland, 
Thornton,  Warren,  Washington  and  Wooten — 18. 

Noes — Messrs.  Allison,  Atkinson,  Bagley,  Batchelor,  Battle 
of  Nash,  Berry,  Bogle,  Brown,  Bryson,  CjildweJl,  Calloway, 
Cannon,  Christian,  Dick,  Dickson,  Dillard,  Douthitt,  Durham, 
Edwards,  Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Gilnjer, 
Gorrell,  Graham,  Green,  Greenlee,  Hamlin,  Hearne,  Headen, 
Hoi  den,  Jones  of  Caldwell,  Jones  of  Rowdn,  Joyce,  Kelly, 
Leak  of  Anson,  Leak  of  Richmond,  Lindsay,  Long,  Mann, 
Manning,  McDowell  of  Burke,  Merritt,  Michal,  Miller,  Myers, 
Penland,  Rayner,  Rhodes,  Sanders,  Satterthwaite,  Sclienck, 
Setzor,  Shipp,  Smiih  of  Halifax,  Smith  of  Johnston,  Smith  of 
Macon,  Speed,  Spruill  of  BertiCj  Starbuck,  Strong  of  Mecklen- 
burg, and  Wilson — 72. 

Mr.  Barnes  moved  to  strike  out  that  part  which  provides  for 
night  sessions  and  insert  a  provision  that  the  afternoon  session 
shall  begin  at  4  and  end  at  8  o'clock,  P.  M. 

Mr.  Rayner  asked  a  division  of  the  question,  and  the  vote 
being  taken  on  striking  out  was  decided  in  the  negative. 

Mr.  Caldwell  moved  to  postpone  the  subject  indefinitely,  on 
which  the  ayes  and  noes  Avere  were  ordered,  on  liis  motion,  and 
resulted  in  the  negative,  as  follows : 


1862.]  STATE  CONVENTION.  37 

AYi^ti~Mcssrs.  Batchclor,  Battle  of  Edgecombe,  Battle  of 
Nash,  Bunting,  Caldwell,  Dickson,  Dillard,  Donnell,  Edwards, 
Greenlee,  Ho^Yard,  Jolinston,  Jones  of  Rowan,  Leak  of  Anson, 
Leak  of  RicUmond,  McDowell  of  Burke,  McNeill  of  Cumber- 
land, Roystcr,  Schenck,  Sotzer,  Smith  of  Halifax,  Strange, 
Strong  of  i\Iecklenburg,  Strong  of  Wayne,  Sutherland,  Thomp- 
son, Thornton  and  Wooten — 28. 

Noes — Messrs.  Allison,  Atkinson,  Badger,  Bagley,  Barnes, 
Berry,  Bogle,  Bryson,  Calloway,  Cannon,  Christian,  Dick, 
Douthitt,  Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer, 
Gorrcll,  Graham,  Green,  Hamlin,  Hearne,  Hcaden,  Holden, 
Houston,  Jones  of  Caldwell,  Joyce,  Kelly,  Kittrell,  Lindsay, 
Long,  Mann,  Manning,  Merritt,  Miclial,  Miller,  Mitchell,  BIyers, 
renland,Phifer,  Rayner,  Rhodes,  Rufiin,  Sanders,  Satterthwaite, 
Shipp,  Smith  of  Johnston,  Smith  of  Macon,  Speed,  Spruill  of 
Bertie,  Starbuck,  AVarren,  Washington  and  Wilson — 54. 

The  qrders'of  the  day  being  called  for,  Mr.  Rayner  moved*  to 
postpone  the  same  until  the  pending  question  be  disposed  of,  on 
which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Schenck, 
and  resulted  in  the  affirmative,  as  follows: 

Ayes — Messrs.  Allison,  Atkinson,  Barnes,  Berry,  Bogle, 
Bryson,  Calloway,  Cannon,  Christian,  Dick,  Douthitt,  Eller, 
Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell,  Graham, 
Green,  Hamlin,  Headen,  Hearne,  Holden,  Houston,  Jones  of 
Caldwell,  Joyce,  Kelly,  Kittrell,  Long,  Mann,  Manning,  Merritt, 
Michal,  Mitchell,  Myers,  Penland,  Phifer,  Rayner,  Rhodes, 
Ruffin,  Sanders,  Satterthwaite,  Shipp,  Smith  of  Johnston,  Smith 
of  Macon,  Speed,  Spruill  of  Bertie,  Starbuck,  Warren,  Wash- 
ington and  Wilson — 51. 

Noes — Messrs.  Bagley,  Batchclor,  Battle  of  Nash,  Brown, 
Bunting,  Caldwell,  Dickson,  Dillard,  Donnell,  Durham,  Ed- 
wards, Greenlee,  Howard,  Johnston,  Jones  of  Rowan,  Leak  of 
Richmond,  McDowell  of  Burke,  McNeill  of  Cumberland,  Mil- 
ler, Royster,  Schenck,  Setzer,  Smith  of  Halifax,  Strange, 
Strong  of  Mecklenburg,  Strong  of  Wayne,  Sutherland,  Thomp- 
.son,  Thornton,  Wilhamson  and  Wooten — 3L 


38  JOURNAL  OF  THE         [4tii  Session, 

The  question  recurred  on  the  adoption  of  the  resolutions,  on 
which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Schcnck, 
and  resulted  in  the  affirmative,  as  follows  :' 

Ayes — Messrs.  Allison,  Atkinson,  Badger,  Eagley,  Berry, 
Bogle,  Bryson,  Calloway,  Cannon,  Christian,  Dick,  Douthitt, 
Durham,  Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer, 
Gorrell,  Graham,  Green,  Hamlin,  Hearne,  Headen,  Holden, 
Houston,  Jones  of  Caldwell,  Joyce,  Kelly,  Kittrell,  Lindsay, 
Long,  Manning,  Merritt,  Michal,  Miller,  Mitchell,  Myers,  Pen- 
land,  Phifer,  Rayner,  Ruffin,  Sanders,  Satterthwaite,  Shipp, 
Smith  of  Halifax,  Smith  of  Johnston,  Smith  of  Macon,  Speed, 
Spruill  of  Bertie,  Starbuck,  Washington,  Williamson  and  Wil- 
son— 58. 

Noes — Messrs.  Barnes,  Batchelor,  Battle  of  Edgecombe, 
Battle  of  Nash,  Brown,  Bunting,  Caldwell,  Dickson,  Dillard, 
Donnell,  Edwards,  Greenlee,  Howard,  Johnston,  Jones  of  Rowan, 
Leak  of  Anson,  Leak  of  Richmond,  McDowell  of  Burke,  Mc- 
Neill of  Cumberland,  Royster,  Schenck,  Setzer,  Strange,  Strong 
of  Mecklenburg,  Strong  of  Wayne,  Sutherland,  Thompson, 
Thornton  and  Wootcn — 29. 

Mr.  Badger  moved  to  reconsider  the  vote  by  which  the  reso- 
lutions were  agreed  to,  and  the  motion  did  not  prevail. 

The  ordinance  amending  the  Bill  of  Rights  was  taken  up,  the 
question  being  on  the  25th  section,  which  the  committee  recom- 
mended should  be  stricken  out. 

After  considerable  discussion,  the  report  of  the  committee 
was  concurred  in. 

Mr.  Graham  moved  to  insert,  in  lieu  of  the  section  just 
stricken  out,  the  following:  "The  jurisdiction  of  the  State  of 
North  Carolina  shall  extend  over  all  the  territory  now  and 
recently  in  her  possession ;  the  Atlantic  Ocean  being  on  the  East ; 
the  State  of  Virginia  on  the  North ;  Tennessee  on  the  West ;  and 
Georgia  and  South  Carolina  on  the  Sc»uth ;  her  lines  of  separation 
from  these  several  States  being  those  established  and  recog- 
nized by  surveys  made  under  the  British  or  Provincial  authority, 
during  her  colonial  condition,  and  under  compacts  of  limits 
with  the  said  several  co-terminous  States  since  her  independence. 


1862.]  STATE   CONVENTION.  39 

The  amendment  was  not  agreed  to. 

The  question  was  then  put  and  the  ordinanee  passed  its 
second  reading. 

On  motion  of  Mr.  Speed,  the  Convention  took  up  the  ordit 
nance  to  pay  Rev.  Maurice  II.  Vaughan  for  services  as  chap- 
hiin  at  Roanoke  Island. 

After  some  discussion  the  ordinance  passed  the  second  read- 
ing. The  rules  were  suspended,  the  ordinance  read  the  third 
time  and  passed,  and  ordered  to  be  enrolled. 

On  motion  of  Mr.  Badger,  the  resolutions  heretofore  laid  on 
the  table  by  him,  but  not  read,  were  taken  up  for  consideration. 

Pending  the  consideration  thereof,  the  hour  arrived,  and  the 
Convention  took  a  recess  until  4  o'clock. 


4  O'clock,  P.  M. 

The  Convention  proceeded  to  the  consideration  of  Mr.  Bad- 
ger's resolutions,  which  are  as  follows  : 

Resolved,  That  this  Convention  has  seen,  with  great  pleasure, 
a  proclamation  by  his  Excellency,  the  Governor,  rebuking  a 
recent  unconstitutional  movement  towards  disarming  the  people ; 
that  the  same  is,  in  language  and  conception,  worthy  the  Chief 
Magistrate  of  a  free  State  ;  and  that  the  Governor  is  entitled 
to  the  support  as  well  as  approval  of  the  people  and  all  the 
authorities  of  the  State  in  the  position  taken  by  him  in  behalf 
of  North  Carolina. 

And  further  :  Whereas  this  Convention  has  heard  that  citizens 
of  this  State,  unconnected  with  the  army,  have  been  seized  by 
military  authority,  forcibly  transported'beyond  its  bounds,  and 
are  now  held  in  close  prison  in  another  State  ;  and  particularly, 
whereas,  one  Isaiah  Respass,  of  the  county  of  Beaufort,  in  this 
State,  hath  been  so  seized  and  transported,  and  is  now,  as  is 
commonly  believed,  so  detained  at  Richmond,  in  the  State  of 
Virginia ;  and,  whereas,  said  Respass,  nor  any  other  citizen  of 
this  State,  in  like  case,  is,  in  any  manner  subject  or  liable  ta 
be  held  or  tried  by  any  military  authority,  but,  on  the  contrary, 
5G 


40  JOURNAL  OF  THE  [4tii  Session,, 

he  and  they  are,  by  express  provisions  of  the  Confederate  and 
of  the  State  Constitutions,  amenable  only  to  civil  tribunals, 
and  have  a  right  to  a  hearing  and  trial  before  the  courts  of  the 
Confederacy  or  of  the  State,  according  to  the  nature  of  the 
offense  "with  which  they  stand  charged— such  trial  to  be  had  in 
open  court,  according  to  due  course  of  law;  and,  whereas,  it  is 
the  duty  of  the  State  to  protect  from  unlaAvful  violence,  as  far 
as  possible,  every  one  of  her  citizens,  and  to  insure  to  each  a 
fair  trial  in  a  lawful  court  having  jurisdiction  of  his  case; 
therefore, 

Resolved,  That  His  Excellency,  the  Governor,  be  requested 
by  this  Convention,  if  he  shall  be  satisfied  of  the  facts  herein 
stated,  immediately  to  demand  of  the  authorities  at  Richmond, 
the  return  to  this  State  of  the  said  Isaiah  Respass,  and  other 
citizens  confined  as  aforesaid,  in  order  that  he  and  they  be 
delivered  over  to  the  civil  authority  here,  either  of  this  State 
or  of  the  Confederate  States,  for  examination,-  and,  if  sufficient 
cause  appear,  for  commitment  and  trial,  so  that,  if  innocent  of 
the  matters  laid  to  their  charge,  they  may  be  acquitted,  or,  if 
guilty,  be  convicted  and  punished  by  due  course  of  law. 

After  considerable  time  spent  in  the  discussion  of  the  reso- 
lutions. 

Mr.  Schenck  moved  an  adjournment,  on  which  the  ayes  and 
noes  were  ordered,  on  motion  of  Mr.  Smith,  of  Johnston,  and 
resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Battle  of  Nash,  Bunting,  Caldwell,  Dickson, 
Durham,  Edwards,  Howard,  Johnston,  McDowell  of  Burke, 
McNeill  of  Cumberland,  Penland,  Rhodes,  Ro3'ster,  Schenck, 
Setzer,  Strange,  Strong  of  Mecklenburg,  Strong  of  Wayne, 
Sutherland,  Thompson  and  Thornton — 21. 

Noes — Messrs.  Allison,  Atkinson,  Badger,  Bagley,  Barnes, 
Batchelor,  Berr}^  Bryson,  Calloway,  Cannon,  Christian,  Cun- 
ningham, Dillard,  Douthitt,  Eller,  Foster  of  Ashe,  Foster  of 
Randolph,  Gilmer,  Graham,  Green,  Hamlin,  Hearne,  Headen, 
Jones  of  Caldwell,  Jones  of  Rowan,  Joyce,  Kelly,  Kittrell, 
Leak  of  Anson,  Leak  of  Richmond,  Long,  Mann,  Manning, 
Merritt,  Mitchell,  Phifer,    Sanders,    Satterthwaite,   Smith  of 


1862.]  STATE   CONVENTION.  41 

Halifax,  Smith  of  Johnston,  Smith  of  Macon,  Speed,  Spi;uill 
of  Bertie,  Starbuck,  Warren,  Williamson  and  Wilson — 47.     "" 
The  resolutions  were  still  further  considered,  when, 
On  motion  of  Mr.  Badger,  the  Convention  adjourned. 


IN  CONVENTION,  Fhiday,  iMay  2,  1862. 

The  President  called  the  Convention  to  order. 

The  journal  of  yesterday  -was  read  and  approved. 

Mr.  Smith,  of  Macon,  from  the  committee  on  Enrollments, 
reported  as  correctly  enrolled ,  the  following  ordinances  and 
resolutions  : 

An  ordinance  concerning  the  election  of  Governor ;. 

An  ordinance  for  the  relief  of  the  Banks  of  the  State; 

An  ordinance  to  provide  for  the  collection  of  the  tax  on  spir- 
ituous liquors  manufactured  and  sold  within  this  State,  imposed 
by  an  ordinance  of  the  Convention,  ratified  the  21st  day  of 
February,  1862 ; 

A  resolution  to  authorize  the  Comptroller  to  have  printed 
and  distributed  to  certain  county  officers  copies  of  the  ordinance 
to  provide  for  the  collection  of  the  tax  on  spirituous  liquors,  as 
amended,  which  were  severally  duly  ratified  in  open  Convention. 

On  motion  of  Mr.  Dick,  the  President  was  il\structed  to  issue 
a  writ  of  election  to  the  SheriflF  of  Yadkin  county,  on  the  22d  day 
of  May,  instant,  to  fill  the  vacancy  occasioned  by  the  resigna- 
tion of  R.  F.  Armfield. 

Mr.  Baglcy  offered  a  resolution  to  raise  a  committee  to  in- 
quire into  the  facts  connected  with  the  burning  of  the  schooner, 
Jennie  Hunter,  laden  with  corn,  bacon,  &c.,  by  order  of  Col. 
Clarke,  commanding  the  Department  of  Roanoke. 

On  motion,  the  rules  were  suspended  and  the  resolution  adopted, 

Mr.  Battle,  of  Nash,  introduced  an  ordinance  to  provide  for 
the  collection  of  taxes,  and  for  nthcM-  purposes,  which  passed 
the  first  reading.  On  motion,  the  rules  were  suspended  and 
the  ordinance  read  the  second  time,  :ind  after  consideration, 
was  postponed  until  to-morrow. 


42  JOURNAL  OF  THE         [4th  Session, 

On  motion  of  Mr.  Hoyrard,  the  Convention  proceeded  to  th« 
consideration  of  the  ordinance  to  amend  the  ordinance  to  secure 
to  certain  officers  and  soldiers  the  right  to  vote. 

Mr.  Howard  moved  to  amend  as  follows :  And  in  case  the 
polls  cannot  be  conveniently  opened  on  that  day,  then  on  the 
first  convenient  day  of  the  following  week,  which  was  agreed  to. 
Mr.  Graham  moved  the  following  substitute :  That  the  time 
of  making  returns  of  all  elections  held  among  the  soldiers 
of  this  State,  without  the  limits  of  the  counties  in  which  they 
reside,  shall  be  extended  for  three  weeks  from  the  day  of  hold- 
ing^said  elections ;  and  the  several  Sheriffs  of  counties  shall 
not  make  up  their  returns  of  the  result  of  any  election  until 
the  receipt  of  the  returns  of  the  vote  of  soldiers,  provided  they 
be  received  within  that  time  ;  and  provided  further,  that  in  the 
election  of  Governor,  the  time  may  be  extended  to  four  weeks, 
if  the  returns  to  the  Sheriffs  shall  not  be  earlier  made. 

Mr.  Kittrell  moved  to  amend  the  amendment  as  follows :  And 
that  it  shall  be  the  duty  of  the  Adjutant  General  of  the  State  to 
give  the  colonel  of  each  regiment  information  of  the  day  of 
election ;  and  the  amendment  was  agreed  to. 

Mr.  Starbuck  moved  to  amend  the  amendment  as  follows : 
And  if  any  officer  or  other  person  shall  attempt,  by  threats, 
falsehood,  misrepresentation,  or  other  undue  means,  to  influence 
any  soldier  in  giving  his  vote,  he  shall  forfeit  and  pay  the  sum 
of  five  hundred  dollars,  to  be  collected  in  the  name  of  the  State, 
one- half  to  the  use  of  the  informer  and  the  other  half  to  the 
use  of  the  State. 

Mr.  Barnes  moved  to  refer  the  whole  subject  to  a  select  com- 
mittee. 

The  motion  was  agreed  to,  and  the  President  appointed 
Messrs.  Barnes,  Howard,  Graham,  Michal  and  Bunting. 

The  President  laid  before  the  Convention  a  communication 
from  the  Adjutant  General  in  reply  to  a  resolution  asking  infor- 
mation as  to  the  number  of  troops  from  this  State  now  in  service, 
&c.,  which,  on  motion  of  Mr.  Kittrell,  was  referred  to  a  special 
committee,  to  constitute  which,  the  President  appointed  the 
following :  Messrs.  Kittrell,  Cunningham,  McDowell  of  Burke, 
Osborne  and  Foster  of  Randolph. 


1862.]  STATE   CONVENTION.  43 

The  President  ixlao  announced  the  following  as  the  committee 
of  inquiry  concerning  the  burning  of  the  schooner  Jennie 
Hunter  :  Messrs.  Bagley,  Myers,  Miller,  Caldwell  and  Penland. 

The  Convention  then  proceeded  to  the  consideration  of  the  ordi- 
nance in  relatioil  to  the  legislative  department  of  the  Constitution. 

The  second  section  having  been  read,  Mr.  Graham  moved  to 
amend  by  inserting  the  words  "any  of,"  bclbrc  the  words  "  the 
Confederate,"  in  the  1st  line,  and  it  Avas  agreed  to. 

Mr.  Mitchell  moved  to  strike  out  the  words  "  or  of  any  of 
the  Confederate  States,"  which  was  not  agreed  to. 

Mr.  Smith  moved  to  insert  in  the  17th  line,  after  the  word 
"mulatto,"  the  word  "Indian,"  which  was  agreed  to. 

He  also  moved  to  insert  the  words  "  or  Indian,"  after  tlie 
word  "negro,"  in  the  18th  line,  which  Avas  not  agreed  to. 

Mr.  Schenck  moved  to  amend  by  striking  out  of  the  8th  line 
the  word  "pauper,"  on  which  the  ayes  and  noes  were  ordered, 
and  resulted  in  the  affirmative,  as  follows: 

Ayes — Messrs.  Atkinson,  Bagley,  Barne;^,  Bogle,  Bryson, 
Bunting,  Cakhvell,  Cannon,  Christian,  Cunningham,  Dick, 
Dickson,  Dillard,  Donnell,  Douthitt,  Durham,  Foster  of  Ashe, 
Foster  of  Randolph,  Greenlee,  Hamlin,  Hargrove,  Hearne, 
Headen,  Holden,  Howard,  Johnston,  Jones  of  Rowan,  Joyce, 
Kittrell,  Long,  Mann,  McDuffie,'  McNeill  of  Cumberland,  Mer- 
ritt,  Miller,  Myers,  Osborne,  Royster,  Sanders,  Satterthwaite, 
Schenck,  Setzer,  Shipp,  Smith  of  Johnston,  Smith  ©f  Macon, 
Spruill  of  Bertie,  Strange,  Strong  of  Mecklenburg,  Sutherland, 
Thornton,  Warren  and  "VYooten — 52. 

Noes — Messrs.  Badger,  Batchelor,  Berry,  Calloway,  Eller, 
Gorrell,  Graham,  Green,  Jones  of  Caldwell,  Kelly,  Leak  of 
Richmond,  Manning,  Mebane,  Michal,  Mitchell,  Penland,  Ray- 
ncr,  Rhodes,  Ruffin,  Smith  of  Halifax,  Starbuck,  Thomas  of 
Carteret,  Washington  and  Williamson — 24. 

Mr.  Ruffin  moved  to  amend  the  5th  section  by  striking  out 
all  that  part  which  provides  that  no  compensensation  shall  be 
given  to  members  of  the  General  Assembly,  after  the  forty-fifth 
day  of  the  session. 

Pending  the  consideration  of  this  question,  the  hour  arrived 
and  the  Convention  took  a  recess  until  4  o'clock. 


44  JOURNAL   OF  THE  [4th  Session, 


1  O'clock,  P.  M. 

Mr.  Batchelor  moved  tliat  leave  of  abbence  for  three  days 

[be  granted  Mr.  ,]  on  Avliicli  the  ayes  and  noes  were 

ordered,  on  motion  of  Mr.  Badger,  and  resulted  in  the  affirma- 
tive, as  follows: 

Ayes— Messrs.  Atkinson,  Bagley,  Batchelor,  Berry,  Brown, 
Bunting,  Cunningham,  Dickson,  Dillard,  Durham,  Edwards, 
Eller,  Graham,  Greenlee,  Hamlin,  Hargrove,  Holden,  Howard, 
Johnston,  Kelly,  Leak  of  Anson,  Leak  of  Kichniond,  Long, 
McDowell  of  Burke,  McDowell  of  Madison,  McDuffie,  Mc- 
Neill of  Cumberland,  Mebane,  Michal,  Miller,  Royster,  Ruffin, 
Satterthwaite,  Setzer,  Starbuck,  Strong  of  Mecklenburg,  Suth- 
erland, Thompson,  Thornton,  Woodfin  and  Wooten— 41. 

Noes — Messrs.  Allison,  Barnes,  Bryson,  Calloway,  Cannon, 
Christian,  Douthitt,  Foster  of  Randolph,  Gilmer,  Headen, 
Joyce,  Kittrell,  Lindsay,  Mann,  Myers,  Phifcr,  Smith  of  Macon, 
Speed,  Washington  and  Wilson — 20. 

The  business  on  the  calendar  was  then  taken  up : 

1.  An  ordinance  to  submit  constitutional  amendments  to  the 
people — passed  over,  on  motion  of  Mr.  Brown. 

2.  An  ordinance  in  relation  to  the  Cherokee  Indians — laid 
on  the  table,  on  motion  of  Mr.  IIoAvard. 

3.  An  ordinance  concerning  the  Superior  and  Supreme 
Courts — indefinitely  postponed,  on  motion  of  Mr.  Badger. 

The  question  here  arose  whether  the  ordinances  and  resolu- 
tions were  to  be  considered  in  numerical  order  to  the  displace- 
ment of  special  orders.  The  President  decided  that,  according 
to  the  order  adopted  by  the  Convention,  all  subjects  were  of 
eiiual  grade,  and  would  be  taken  up  as  they  stood  on  the  calen- 
dar. For  the  purpose  of  testing  the  sense  of  the  Convention 
on  the  subject,  Mr.  Badger,  appealed  from  the  decision  of  the 
chair,  and  the  (question  being  put,  was  decided  in  the  affirma- 
tive, sustaining  the  decision  of  the  chair. 

The  business  on  the  calendar  was  then  resumed. 

4.  Resolution  respecting  separate  courts  for  cities  and  towns — 
indefinitely  postponed,  on  motion  motion  of  Mr.  Badger. 


1862.]  STATE  CONVENTION.  45 

5.  Ordinance  to  allow  free  negroes  to  enslave  tliemselves — 
laid  on  the  table,  on  motion  of  Mr.  Jones,  of  Rowan. 

6.  Resolution  instructing  the  Board  of  Claims  to  report  the 
claims  of  certain  railroads — on  motion  of  Mr.  Satterthwaite, 
ordered  to  lie  on  the  table. 

8.  Resolution  to  complete  the  Western  N.  C.  Railroad — laid 
on  the  table,  on  motion  of  Mr.  Sattcrthwaite. 

9.  Resolution  of  inquiry  as  to  the  expediency  of  completing  the 
Western  Turnpike — on  motion  of  Mr.  Smith,  of  Macon,  referred 
to  a  select  committee,  on  wliich  the  Pi-esident  announced  Messrs. 
Smith  of  Macon,  Woodfin,  Bogle,  Wilson  and  Battle  of  Wake. 

10.  Ordinance  to  define  and  punish  sedition. 

Mr.  Graham  moved  that  it  lie  on  the  table,  on  which  the 
ayes  and  noes  were  ordered,  on  motion  of  Mr.  Howard,  and 
resulted  in  the  negative,  as  follows :    ^ 

Ayes — Messrs.  Badger,  Berry,  Brown,  Cannon,  Donneli, 
Douthitt,  Gilmer,  Graham,  Ileaden,  Ilolden,  Houston,  Jones  of 
Rowan,  Kittrell,  Long,  Mitchell,  Satterthwaite,  Smith  of  John- 
ston, Smith  of  Macon,  Spruill  of  Bertie,  Starbuck,  Warren  and 
Wilson— 22. 

Noes — Messrs.  Allison,  Atkinson,  Bagley,  Barnes,  Batche- 
lor.  Battle  of  Nash,  Bogle,  Bryson,  Bunting,  Caldwell,  Callo- 
way, Cunningham,  Dickson,  Dillard,  Durham,  Edwards,  Eller, 
Foster  of  Ashe,  Gorrell,  Green,  Greenlee,  Howard,  Johnston, 
Jones  of  Caldwell,  Joyce,  Kelly,  Leak  of  Anson,  Leak  of  Rich- 
mond, Lindsay,  McDowell  of  Burke,  McDowell  of  Madison, 
McDuffie,  McNeill  of  Cumberland,  Mebanc,  Michal,  Miller, 
Myers,  Penland,  Rayner,  Rhodes,  Royster,  Ruffin,  ScheTick, 
Setzer,  Strange,  Strong  of  IMecklenburg,  Sutherland,  Thoma.i 
of  Carteret,  Thompson,  Thornton,  Washington,  Woodfin  and 
Wooten— 58. 

The  ({uestion  being  on  the  passage  of  the  ordinance  its  second 
reading,  the  ayes  and  noes  were  ordered,  on  motion  of  Mi-. 
Badger. 

Mr.  Brown  moved  to  amend  by  striking  out  the  words  "  or 
shall  maliciously  and  advisedly  endeavor  to  excite  the  people 
to  resist  the  government  of  this  State  or  of  the  Confederate 
States." 


M 


46  JOURNAL  OF  THE         [4th  Session, 

Pending  the  consideration  of  this  amendment,  Mr.  Jones,  of 
Rowan,  moved  an  adjournment,  on  Avhich  the  ayes  and  noes 
Avere  ordered,  on  motion  of  Mr.  Michal,  and  resulted  in  the 
affirmative,  as  follows: 

Ayes — Messrs.  Allison,  Badger,  Baglcy,  Barnes,  Batehelor, 
Berry,  Bogle,  Brown,  Bryson,  Bunting,  Caldwell,  CalloAvay, 
Cannon,  Donnell,  Douthitt,  Edwards,  Eller,  Foster  of  Ran- 
dolph, Gilmer,  Graham,  Greenlee,  Ileaden,  Holden,  Houston, 
Jones  of  Rowan,  Joyce,  Kelly,  Kittrcll,  Leak  of  Anson,  Long, 
McNeill  of  Cumberland,  Mebane,  Miller,  Mitchell,  Myers, 
Penland,  Rhodes,  Ruffin,  Satterthwaite,  Smith  of  Johnston, 
Smith  of  Macon,  Speed,  Spruill  of  Bertie,  Starbuck,  Suther- 
land, Warren,  Washington  and  Wooten — 49. 

Noes — Messrs.  Battle  of  Nash,  Christian,  Cunningham, 
Dickson,  Dillard,  Durham,  Foster  of  Ashe,  Gorrell,  Green, 
Hamlin,  Hearne,  Howard,  Johnston,  Jones  of  Caldwell,  Leak 
of  Richmond,  McDowell  of  Burke,  McDuffie,  Michal,  Phifer, 
Bayner,  Royster,  Sanders,  Schenck,  Setzer,  Strange,  Strong 
of  Mecklenburg,  Thornton,  Wilson  and  Woodfin— 28. 

So  the  Convention  adjourned  to  10  o'clock  to-morrow  morning. 


IN  CONVENTION,  Saturday,  May  3,  1802. 

The  Convention  met,  the  President  in  the  chair. 

The  journal  of  yesterday  was  read  and  approved. 

The  President  laid  before  the  Convention  a  report  from  the 
Board  of  Claims,  which,  on  motion  of  Mr.  Satterthwaite,  was 
referred  to  a  select  committee. 

The  President  announced  the  following  as  tlie  committee  : 
Messrs.  Mebane,  Leak  of  Anson,  McNeill  of  Cumberland, 
Johnston  and  Atkinson. 

Mr.  Howard  offered  the  following  : 

jResohed,  That  the  committee  of  Finance  inquire  into  the 
propriety  of  issuing  an  additional  amount  of  Treasury  notes  of 
the  denominations  of  ten  cents  and  five  cents.  On  motion,  the 
rules  were  suspended  and  the  resolution  adopted. 


1862.]  STATE   CONVENTION.  47 

Mr.  Myers  offered  the  following  : 

Resolved.,  That  the  unfinished  business  of  yesterday  be  post- 
poned until  Monday  next  at  3  o'clock,  P.  M.,  and  that  the 
Convention  go  into  secret  session  at  3  o'clock,  this  day,  to  con- 
sider the  subject  of  a  supply  of  Salt.    • 

Resolved^  further.,  That  the  consideration  of  the  supply  of 
salt  shall  have  precedence  of  all  miscellaneous  matters  now 
on  the  calendar. 

The  rules  were,  on  motion,  suspended  for  the  purpose  of  con- 
sidering the  resolutions  at  this  time. 

Mr.  Sanders  moved  to  amend  by  striking  out  "Monday," 
and  inserting  "Tuesday,"  and  it  wi\s  not  agreed  to. 

Mr.  Howard  moved  the  following  substitute:  That  this  Con- 
vention Avill  go  into  secret  session  this  morning  at  11  o'clock 
to  consider  the  supply  of  salt. 

Mr.  Gilmer  moved  to  lay  the  subject  on  the  table,  on  which 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Howard, 
and  resulted  in  the  afhrmative,  as  follows  : 

Ayes — Messrs.  Allison,  Atkinson,  Barnes,  Berry,  Bogle, 
Bryson,  Calloway,  Cannon,  Christian,  Dick,  Douthitt,  Edwards, 
Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell, 
Graham,  Green,  Hamlin,  Hearne,  Headcn,  Holden,  Houston, 
Jones  of  Rowan,  Joyce,  Kittrell,  Long,  Mann,  Merritt,  Mitchell, 
Osborne,  Rayner,  Rhodes,  Sanders,  Satterthwaite,  Shipp,  Smith 
of  Johnston,  Smith  of  Macon,  Speed,  Spruill  of  Tyrrell,  Star- 
buck,  Thomas  of  Carteret,  Washington  and  Wilson — 45. 

Noes — Messrs.  Bagley,  Batchelor,  Battle  of  Nash,  Bunting, 
Caldwell,  Cunningham,  Dickson,  Dillard,  Durham,  Greenlee, 
Howard,  Johnston,  Leak  of  Anson,  Leak  of  Richmond,  Lind- 
say, McDowell  of  Burke,  McDuffie,  Miller,  Myers,  Penland, 
Phifer,  Royster,  Schenck,  Setzcr,  Spruill  of  Bertie,  Strange, 
Strong  of  Mecklenburg,  Sutherland,  Thompson,  Thornton, 
Williamson  and  Wooten — 32. 

Mr.  Satterthwaite  introduced  an  ordinance  to  prevent  injus- 
tice being  done  to  persons  who  have  employed  substitutes  for 
the  war,  which  was  read  and  referred  to  the  committee  on  the 
Adjutant  General's  communication. 
67 


48  JOURNAL  OF  THE  [4tii  Session, 

The  unfinished  business  of  yesterday  was  now  taken  up,  Ireing 
the  ordinance  relating  to  the  legislative  department  of  the  Con- 
stitution— the  pending  question  being  on  the  motion  of  Mr. 
Ruffin. 

After  some  discussion  the  amendment  was  withdrawn  in  order 
that  amendments  to  other  parts  of  the  section  could  be  intro- 
duced. 

Mr.  Schenck  moved  to  strike  out  the  word  "biennial,"  in  the 
second  line,  and  insert  "annual,"  on  which  the  ayes  and  noes 
were  ordered,  on  motion  of  Mr.  Schenck,  and  resulted  in  the 
negative,  as  follows : 

Ayes — Messrs.  Allison,  Atkinson,  Barnes,  Brown,  Bunting, 
Caldwell,  Edwards,  Gilmer,  Holden,  Jones  of  Rowan,  Kelly, 
Miller,  Osborne,  Sanders,  Satterthwaite,  Schenck,  Smith  of 
Johnston,  Speed,  Spruill  of  Bertie,  Thornton,  Williamson  and 
Wooten— 22. 

Noes — Messrs.  Badger,  Bagley,  Batchelor,  Battle  of  Nash, 
Berry,  Bogle,  Bryson,  Calloway,  Cannon,  Christian,  Cunning- 
ham, Dick,  Dickson,  Dillard,  Donnell,  Douthitt,  Durham,  Eller, 
Foster  of  Ashe,  Foster  of  Randolph,  Gorrell,  Graliam,  Green, 
Greenlee,  Hamlin,  Hearne,  Houston,  Howard,  Johnston,  Joyce, 
Kittrell,  Leak  of  Anson,  Leak  of  Richmond,  Lindsay,  Long, 
Mann,  McDowell  of  Burke,  McDowell  of  Madison,  McDufiie, 
Mebane,  Merritt,  Michal,  Mitchell,  Penland,  Phifer,  Rayner, 
Rhodes,  Royster,  Ruffin,  Setzer,  Shipp,  Smith  of  Macon,  Spruill 
of  Tyrrell,  Starbuck,  Strong  of  Mecklenburg,  Sutherland, 
Thomas  of  Carteret,  Thompson,  Warren,  Washington,  Wilson 
and  Woodfin— 62. 

Mr.  Graham  moved  to  strike  out  the  word  "annual,"  in  the 
third  line,  on  which  the  ayes  and  noes  were  ordered,  on  motion 
of  Mr.  Sanders,  and  resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Barnes,  Battle  of  Nash,  Berry,  Cannon, 
Christian,  Dickson,  Dillard,  Donnell,  Foster  of  Ashe,  Graham, 
Green,  Joyce,  Kelly,  Leak  of  Anson,  Leak  of  Richmond,  Pen- 
land,  Sanders,  Spruill  of  Tyrrell,  Starbuck,  Warren  and  Wil- 
son— 21. 

Noes — Messrs.  Allison,  Atkinson,  Badger,  Bagley,  Batche- 
lor, Bogle,  Brown,  Bryson,  Bunting,  Caldwell,  Calloway,  Cun- 


1862.]  STATE   CONVENTION.  49 

ningbam,  Dick,  Douthitt,  Durham,  Edwards,  Eller,  Foster  of 
Randolph,  Gihiier,  Gorrell,  Greenlee,  Ilamlin,  Hcarne,  Ilolden, 
Houston,  Howard,  Johnston,  Jones  of  Rowan,  Kittrell,  Lindsay, 
Long,  Mann,  McDowell  of  Burke,  JNTcDowell  of  Madison,  Mc- 
Duffie,  Mebane,  Merritt,  Michal,  Miller,  Mitcliell,  Osborne, 
Phifer,  Rayner,  Rhodes,  Royster,  Ruffin,  Satterthwaite,  Schenck, 
Setzcr,  Shipp,  Smith  of  Johnston,  Smith  of  Macon,  Speed, 
Spruill  of  Bertie,  Strong  of  Mecklenburg,  Sutherland,  Thomas 
of  Carteret,  Thornton,  Washington,  Williamson^  Woodfin  and 
Wooten— 62. 

Mr.  Gorrell  to  moved  amend  so  that  the  limitation  should  only 
extend  to  the  second  session,  and  the  amendment  not  agreed  to. 

Mr.  Osborne  moved  to  amend  so  that  the  session  might  be 
extended  boj'ond  forty-five  days,  and  it  was  not  agreed  to. 

Mr.  Ruffin  now  renewed  his  motion,  on  which  the  ayes  and 
noes  having  been  previously  ordered,  were  now  taken,  and 
resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Bogle,  Brown,  Donnell,  Lindsay,  Mann, 
Rhodes,  Ruffin,  Speed,  Strange,  Strong  of  Mecklenburg,  Thomas 
of  Carteret,  Warren  and  Williamson — 13. 

Noes — Messrs.  Allison,  Atkinson,  Badger,  Bagley,  Batche- 
lor.  Battle  of  Nash,  Berry,  Bryson,  Bunting,  Caldwell,  Callo- 
way, Cannon,  Christian,  Cunningham,  Dick,  Dickson,  Dillard, 
Douthitt,  Durham,  Edwards,  Eller,  Foster  of  Ashe,  Foster  of 
Randolph,  Gilmer,  Gorrell,  Graham,  Green,  Hamlin,  Hearne, 
Holilen,  Houston,  Howard,  Johnston,* Jones  of  Rowan,  Joyce, 
Kelly,  Leak  of  Anson,  Leak  of  Richmond,  Long,  McDowell  of 
Burke,  McDowell  of  Madison,  McDuffie,  Meures,  Mebane,  Mer- 
ritt, Michal,  Miller,  Mitchell,  Osborne,  Phifer,  Rayner,  Royster, 
Sanders,  Satterthwaite,  Schenck,  Setzer,  Shipp,  Smith  of  John- 
ston, Smith  of  Macon,  Spruill  of  Bertie,  Starbuck,  Sutherland, 
Thornton,  Wasliington,  Wilson,  AVoodfin  and  Wooten — 66. 

Ho  now  moved  to  strike  out  "fifty-five"  and  insert  "fifty- 
two,"  On  which  the  ayes  and  noes  were  ordered,  on  motion  of 
Mr.  Berry,  and  resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Allison,  Batchelor,  Bogle,  Dickson,  Gorrell, 
Lindsay,  Merritt,  Mitchell,  Rayner,  Rhodes,  Ruffin,  Satter- 
thwaite, Strange  and  Strong  of  Mecklenburg — 14. 


60  JOURNAL  OF  THE  [4th  Session, 

Noes — Messrs.  Atkinson,  Badger,  Bagley,  Barnes,  Battle  of 
Nash,  Berry,  Bryson,  Bunting,  Caldwell,  Calloway,  Cannon, 
Christian,  Cunningham,  Dick,  Dillard,  Douthitt,  Durham,  Ed- 
wards, Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer, 
Graham,  Green,  Hamlin,  Hearne,  Holden,  Houston,  Howard, 
Johnston,  Jones  of  llowan,  Joyce,  Kelly,  Leak  of  Anson,  Leak 
of  Richmond,  Long,  McDowell  of  Burke,  McDowell  of  Madi- 
son, McDufBe,  Michal,  Miller,  Osborne,  Phifer,  Royster,  San- 
ders, Schenck,  Setzer,  Shipp,  Smith  of  Johnston,  Smith  of 
Macon,  Starbucks  Sutherland,  Thompson,  Thornton,  Washing- 
ton, Williamson,  Wilson,  Woodfin  and  Wooten — 59. 

Mr.    Cannon  moved  to   strike  out   "forty-five"   and  insert 
"  thirty,"  and  it  was  not  agreed  to. 
The  7th  section  was  then  read. 

Mr.  Rufiin  moved  to  amend  the  last  line  so  that  it  shall  read, 
"  a  freehold  of  the  assessed  value  for  taxation  of,  at  least,  one 
thousand  dollars,"'  which  was  agreed  to. 

Mr,  Barnes  now  moved  to  strike  out  "  twenty-five  "  and  insert 
••'  twenty-one,"  on  which  the  ayes  and  noes  were  ordered,  and 
resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Barnes,  Batchelor,  Bryson,  Cunningham, 
Doimell,  Green,  Hamlin,  Joyce,  Kittrell,  McDufiic,  Sanders, 
Schenck,  Spruill  of  Bertie,  Thornton  and  Warren — 15. 

Noes — Messrs.  Allison,  Atkinson,  Badger,  Bagley,  Battle  of 
Nash,  Berry,  Bogle,  Brown,  Bunting,  Caldwell,  Cs^lloway,  Can- 
non, Christian,  Dick,  Dickson,  Dillard,  Douthitt,  Durham,  Ed- 
wards, Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer, 
Gorrell,  Graham,  Greenlee,  Houston,  Howard,  Johnston,  Jones 
of  Rowan,  Leak  of  Anson,  Leak  of  Richmond,  Long,  Mann, 
McDowell  of  Burke,  McDowell  of  Madison,  Merritt,  Michal, 
Miller,  Mitchell,  Osborne,  Penland,  Phifer,  Rayner,  Rhodes, 
Royster,  Ruffin,  Satterthwaite,  Setzer,  Shipp,  Smith  of  Macon, 
Starbuck,  Strange,  Strong  of  Mecklenburg,  Strong  of  Wayne, 
Sutherland,  Thompson,  Washington,  Williamson,  Wilson,  Wood- 
fin  and  Wooten — 63. 

He  also  moved  to  strike  out  all  that  part  which  requires  a 
freehold  qualification. 


1862.]  STATE   CONVENTION.  61 

In  order  to  perfect,  before  the  vote  was  taken,  Mr.  Jones,  of 
Rowan,  moved  to  strike  "one  thousand,"  and  insert  "five  hun- 
dred dollars." 

Pending  the  consideration  of  which,  the  hour  arrived,  and  the 
Convention  took  a  recess  until  4  o'clock. 


4  O'clock,  P.  M. 

The  Convention  met  and  resumed  the  consideration  of  the 
question  pending  at  the  hour  of  adjournment  on  yesterday, 
being  the  ordinance  to  define  and  punish  sedition,  the  immediate 
question  being  on  the  amendment  offered  by  Mr.  Brown. 

By  consent,  Mr.  Rayner  modified  the  words  proposed  to  be 
stricken  out,  so  as  to  read,  "  the  execution  of  the  laws,"  in  place 
of  "the  government."  ' 

Mr.  Satterthwaite  moved  that  the  ordinance  be  indefinitely 
postponed,  on  .which  he  asked  the  ayes  and  noes,  which  being 
ordered,  resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs,  Allison,  Atkinson,  Badger,  Bagley,  Barnes, 
Battle  of  AVakc,  P>crry,  ]>ogle,  Brown,  Bvyson,  Calloway,  Can- 
non, Christian,  Dick,  Donnell,  Douthitt,  Eller,  Foster  of  Ashe, 
Foster  of  Randolph,  Gilmer,  Graham,  Greenlee,  Hamlin, 
Hearne,  Holden,  Jones  of  Rowan,  Joyce,  Kittrell,  Leak  of 
Anson,  Lindsay,  Long,  Mann,  Mitchell,  Phifer,  Satterthwaite, 
Shipp,  Smith  of  Macon,  Speed,  Spruill  of  Bertie,  Starbuck, 
Sutherland,  Thomas  of  Carteret,  Warren,  Williamson  and  Wil- 
son— 45. 

Noes — Messrs.  Batehelor,  Battle  of  Nash,  Bunting,  Caldwell, 
Cunningham,  Dillard,  Durham,  Edwards,  Green,  Howard, 
Johnston,  Leak  of  Richmond,  McDowell  of  Burke,  McDowell 
of  Madison,  McDuffie,  McNeill  of  Cumberland,  Michal,  Miller, 
Penland,  Rayner,  Roystcr,  Rufiin,  Schenck,  Setzer,  Strong  of 
Mecklenburg,  Thompson,  Thornton,  Washington,  Woodfin  and 
Wooten— 29. 

On  motion  of  INIr.  Barnes,  the  Convention  adjourned. 


52  JOURNAL  OF  THE         [4th  Session, 

IN  CONVENTION,  Monday,  May  5,  1862. 

The  President  took  the  chair  and  called  the  Convention  to 
order.  Prayer  by  Rev.  Henry  Hardie,  of  the  Presbyterian 
Church. 

The  journal  of  Saturday  was  read  and  approved. 

Messrs.  Osborn(^  and  Williams  asked  and  obtained  leave  to 
have'it  stated  on  the  journal  that  if  they  had  been  present  on 
Saturday  they,  would  have  voted  in  the  negative  on  the  motion 
to  indefinitely  postpone  the  ordinance  to  define  and  punish 
sedition. 

Mr.  Houston,  of  Union,  asked  leave  to  have  it  stated  that  he 
would  have  voted  in  the  affirmative. 

Mr.  Kittrell,  from  the  committee  to  whom  was  referred  an 
ordinance  to  prevent  injustice  to  persons  who  have  employed 
substitutes  for  the  Avar,  made  an  adverse  report  thereon,  which, 
on  motion  of  Mr.  Starbuck,  was  ordered  to  lie  on  the  table. 

On  motion  of  Mr.  Howard,  the  communication  of  the  Gover- 
nor in  relation  to  the  troops  in  camp,  and  the  expense  of  the 
maintenance  of  the  same,  Avas  referred  to  the  Finance  Com- 
mittee. 

Mr.  Kittrell  offered  the  following,  which  was  agreed  to,  under 
a  suspension  of  the  rules  : 

Resolved.,  That  His  Excellency,  the  Governor,  be  requested 
to  furnish  this  Convention  with  all  the  information  he  has  from 
the  AVar  Department  in  regard  to  the  conscription  law  of  the 
Confederate  Congress. 

Mr.  Smith,  of  Johnston,  introduced  an  ordinance  to  limit  the 
price  of  cotton  yarns,  which  passed  the  first  reading. 

Mr.  Spruill,  of  Bertie,  introduced  an  ordinance  to  repeal  an 
act  of  tlic  last  General  Assembly,  passed  at  its  first  session, 
providing  for  tax  collectors  in  certain  counties,  so  far  as  relates 
to  the  county  of  Bertie,  Avhich  passed  the  first  reading. 

Mr.  Schenck  moved  to  rescind  that  part  of  a  recent  order  of 
the  Convention  Avhich  provides  for  night  sessions. 

Mr.  Gilmer  moved  to  lay  the  motion  on  the  table,  on  which 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Schenck, 
and  resulted  in  the  affirmative,  as  follows : 


1862.]  STATE  CONVENTION.  53 

Ayes— Messrs.  Allison,  Batcliclor,  Battle  of  Nash,  Berry, 
Bogle,  Bryson,  Bunti^ig,  Calloway,  Christian,  Cunningham, 
Dick,  Dickson,  Dillard,  Doutliitt,  Ellcr,  Foster  of  Ashe,  Gilmer, 
Hamlin,  Hearne,  Houston,  Howard,  Johnston,  Joyce,  Kittrell, 
Leak  of  Anson,  McDuffie,  Michal,  Miller,  Moselcy,  Myers, 
Osborne,  Penlancl,  Rayner,  Rhodes,  Sctzer,  Smith  of  Johnston, 
Smith  of  Macon,  Speed,  Spruill  of  Bertie,  Strong  of  Mecklen- 
burg, Thomas  of  Carteret,  Wilson, and  Woodfin— 4a 

Noes— Messrs.  Atkinson,  Bagley,  Barnes,  Bjvttle  of  Wake, 
Brown,  Cannon,  Durham,  Edwards,  Foster  of  Randolpli,  Green- 
lee, Headen,  Holdcn,  Jones  of  Caldwell,  Jones  of  Rowan,  Leak 
of  Richmond,  Lindsay,  Long,  Mann,  McDowell  of  Burke, 
McDowell  of  Madison,  McNeill  of  Cumberland,  Merritt,  Phifer, 
Ruffin,  Satterthwaite,  Schenck,  Shipp,  Starbuck,  Sutherland, 
Thompson,  Thornton,  Warren,  Williams,  Williamson  and 
Wooten — 35. 

Mr.  Osborne  presented  a  memorial  from  certain  citizens  of 
Mecklenburg  county,  asking  aid  from  the  State  in  the  estab- 
lishment of  a  rifle  manufiictory  in  that  county,  which,  on  his 
motion,  was  referred  to  a  select  committee,  on  which  the  Presi- 
dent appointed  Messrs.  Osborne,  Moseley,  Greenlee,  Starbuck 
and  McDowell  of  Madison. 

On  motion  of  Mv.  Osborne,  the  Principal  Secretary  was 
authorized,  if  he  shall  find  it  necessary,  to  enable  him  to  make 
out  his  journal,  to  employ  one  or  more  assistants. 

The  Convention  then  took  up  for  consideration  the  ordinance 
relating  to  the  legislative  department  of  the  Constitution,  the 
pending  question  being  on  the  amendment  offered  by  Mr.  Jones, 
of  Rowan,  on  which  the  ayes  and  noes  were  ordered,  on  his 
motion. 

After  some  discussion,  the  amendment  was  temporarily  with- 
drawn. 

Mr.  Ruflin  moved  to  amend  so  that  persons  owning  three 
hundred  acres  of  land,  in  fee,  shall  be  entitled  to  a  seat  in  the 
Senate,  Avhich  was  agreed  to. 

Mr.  Jones,  of  Rowan,  then  renewed  his  amendment,  and  the 
ayes  and  noes  being  taken,  resulted  in  the  negative,  as  follows : 


54  JOURNAL  OF  THE         [4th  Session, 

Ayes — Messrs.  Barnes,  Bro-\vn,  Bryson,  Christian,  Cunning- 
ham, Dick,  Dilhird,  Donnell,  Durham,  Gihner,  Hamlin,  Headen, 
Holden,  Jones  of  Cakhvell,  Jones  of  Rowan,  Joyce,  Kittfell, 
Lindsay,  McDowell  of  Burke,  McDuffie,  McNeill  of  Cumber- 
land, Merritt,  Miller,  Penland,  Rayner,  Schenck,  Setzer,  Shipp, 
Smith  of  Macon,  Spruill  of  Bertie,  Stai-Jjuck,  Thomas  of  Car- 
teret, Thornton,  Warren,  Wilson,  Woodfin  and  Wooten — 37. 

Noes — Messrs.  Allison,  Atkinson,  Badger,  Bagley,  Batche- 
lor,  Battle  of  Nash,  Battle  of  Wake,  Berry,  Bogle,  Bunting, 
Calloway,  Cannon,  Dickson,  Douthitt,  Edwards,  Eller,  Foster 
of  Ashe,  Foster  of  Randolph,  Greenlee,  Hearne,  Houston, 
Howard,  Johnston,  Leak  of  Anson,  Leak  of  Richmond,  Long, 
Mann,  McDowell  of  Madison,  Michal,  Mitchell,  Moseley,  My- 
ers, Osborne,  Phifer,  Rhodes,  Ruffin,  Satterthwaite,  Smith  of 
Johnston,  Speed,  Strong  of  Mecklenburg,  Sutherland,  Thomp- 
son, Williams  and  Williamson — 44. 

Mr.  Starbuck  moved  to  amend  by  striking  out  the  freehold 
qualification  and  inserting  a  provision  that  a  Senator  shall 
possess  one  thousand  dollars  worth  of  taxable  property,  which 
was  not  agreed  to. 

Mr.  Woodfin  moved  to  add  to  the  section  as  follows  :  "  Or 
shall  possess  an  interest  in  manufacturing  in  the  district  of  one 
thousand  dollars,"  whicli  was  not  agreed  to. 

[Mr.  Smith,  of  Macon,  from  the  committee  on  Enrollments, 
reported  as  correctly  enrolled,  the  ordinance  in  favor  of  Rev. 
Maurice  H.  Vaughan,  and  the  same  Avas  duly  ratified.] 

The  question  then  recurred  on  the  motion  of  Mr.  Barnes  to 
strike  out  all  of  the  section  which  j'cquires  a  freehold  (qualifica- 
tion, on  which  the  ayes  and  noes  were  ordered,  on  his  motion, 
and  resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Barnes,  Brown,  Bryson,  Christian,  Cunning- 
ham, Dick,  Donnell,  Headen,  Holden,  Jones  of  Rowan,  Joyce, 
Kittrell,  McDowell  of  Burke,  McDowell  of  Madison,  McDuffie, 
McNeill  of  Cumberland,  Penland,  Sclienck,  Shipp,  Spruill  of 
Bertie,  Starbuck,  Thornton,  Warren,  Williams  and  Wood- 
fin—25. 


1862.]  STATE   CONVENTION.  55 

Noes — Messrs.  Allison,  Atkinson,  Badger,  Bagley,  Batclie- 
^S  lor,  Battle  of  Nash,  Battle  of  Wake,  Berry,  Bogle,  Bunting, 
Calloway,  Cannon,  Dickson,  Dillard,  Douthitt,  I>ui-ham,  Ed- 
wards, Eller,  Foster  of  Ashe^  Foster  of  Randolph,  Greenlee, 
Ilearne,  Houston,  Howard,  Johnston,  Jones  of  Caldwell,  Leak 
of  Anson,  Leak  of  Riclnnond,  Long,  Mann,  Merritt,  Michal, 
Miller,  Mitchell,  Moseley,  Myers,  Osborne,  Phifer,  Rayncr, 
Rhode^,  Ruffin,  Satterthwaite,  Setzer,  Smith  of  Johnston, 
Smith  of  Macon,  Si)ced,  Strong  of  Mocklcnhurg,  Sutlierland, 
I'liomas  of  Carteret,  Thompson,  "Williamson,  Wilson  and  Woo- 
ten — 53. 

Mr.  Ruffin  moved  to  amend  the  8th  section  by  adding,  "  or 
real  estate,  in  fee,  assesseil  for  taxation,  of  the  value  of  five 
hundred  dollars,"  which  was  agreed  to. 

Mr.  Howard  moved  to  strike  out'"' five  hunctred  dollars,"  and 
insert  "three  hundred  dollars,"  and  the  motion  prevailed. 

Mr.  Woodfin  moved  to  strike  out  all  of  the  section  requiring 
a  freehold  qualification.  Oa  this  'motion  the  ayes  and  noes 
Avcre  ordered,  on  motion  of  Mr.  Smith,  of  Johnston,  and  resulted 
in  the  negative,  as  follows:  ''^     ' 

Ayes — Messrs.  Brown,  Bryson,  Christian,  Cunningham, 
Dick,  Durham,  Ilolden,  Jones  of  Rowan,  Joyce,  McDowell  of 
Burke,  McDowell  of  RLidiscvn,  McDuffie,  McNeill  of  Cundjer- 
land,  Penland,  Schenck,  Shipp,  Smith  of  Johnston,  Starbuek, 
Thomas  of  Carteret,  Thornton,  Warren,  Williams,  Wilson  and 
Woodfin— 24. 

Noes — Messrs.  Allison,  Atkinson,  Badger,  Bagley,  Batche- 
lor,  Battle  of  Nash,  Berry,  Bogle,  Bunting,  Calloway,  Cannon, 
Dickson,  Dillard,  Douthitt,  Edwards,  Eller,  Foster  of  Ashe, 
llcarne,  Houston,  Howard,  Johnston,  Jones  of  Caldwell,  Leak 
of  Anson,  Leak  of  Richmond,  Long,  Mann,  Michal,  Miller, 
Mitchell,  Myers,  Osborne,  Bhifer,  Rayner,  Rhodes,  Ruffin,  Sat- 
terthwaite, Setzer,  Strong  of  Mecklenburg,  Slitherland,  Thomp- 
son, Williamson  and  Wooten — 42. 

Mr.  Leakj  of  Richmond,  moved. to  strike  out  "twenty-one," 
and  insert  "twenty-five,"  and  it  was  not  agreed  to. 
68 


5G  JOURNAL   OF  THE         [4th  Session, 

Mr.  Thornton  moved  to  reconsider  the  last  vote,  and  the 
motion  did  not  prevail. 

Mr.  Rufiin  then  moved  to  amend  the  9th  section  by  adding, 
"in  the  county  or  district  for  which  he  is  chosen,"  and  it  "was 
agreed  to. 

Sections  10, 11  and  12  Avere  read. 

Mr.  IIoAvard  moved  to  amend  that  relating  to  ministers  of 
the  gospel  holding  seats  in  the  General  Assembly,  hy  adding, 
"or  while  he  holds  a  license  to  preach,"  which  Avas  agreed  to. 

Mr.  Ruffin  moved  to  insert  in  the  Dth  line  of  the  13th  sec- 
tion, after  thej  Avord  "militia,"  the  words,  "not  in  actual  ser- 
vice," which  Avas  agreed  to. 

The  clauses  from  1  to  10  of  the  2nd  section  of  the  commit- 
tee's report  Avere  then  read,  Avhen  the  hour  arrived,  and  the 
Convention  took  a  recess. 


4  O'clock,  P.  M. 

Mr.  Schenck  offered  a  resolution  asking  the  Governor  whether, 
after  the  troops  noAV  in  camps  of  instruction  are  transferred  to 
the  Confederate  States,  it  will  be  necessary  to  retain  on  pay, 
the  Quartermasters,  Commissaries,  and  other  State  officers  of  a 
similar  character,  and  if  so,  how  long  and  for  Avhat  purpose. 

The  resolution  was  adopted,  under  a  suspension  of  the  rules. 

A  communication  Avas  received  from  the  Governor  inclosing 
a  letter  from  George  W.  Randolph,  Secretary  of  War,  in  rela- 
tion to  the  conscript  act  of  Congress,  Avhich  being  read,  it  was 
ordered  to  lie  on  the  table,  and  ten  copies  for  each  member  to 
be  printed. 

On  motion  of  Mr.  Howard,  the  Convention  took  up  for  con- 
sideration the  ordinance  to  amend  the  ordinance  to  raise  North 
Carolina's  quota  of  Confederate  troops,  on  its  second  reading. 

Mr.  Calloway  moved  an  additional  section,  as  folloAvs:  That 
all  volunteers  for  three  years  or  the  war  that  have  volunteered 
or  may  volunteer  before  the  17th  instant,  and  shall  continue  in 
service  for  the  Avar,  shall  be  entitled  to  the  bounty  of  fifty  dol- 


1862.]  STATE    CONVENTION.  57 

lars  heretofore  paid,   althougli  they  may   be  over  thirty-five 
years  of  age,  and  it  was  agreed  to. 

The  ordinance  then  passed  the  second  reading,  and  was  read 
the  third  time. 

Mr.  Howard  moved  the  folhnving  amendment :  That  the  Gov- 
ernor be,  and  he  is  hereby  directed  to  discharge  all  volunteers 
over  thirty-five  years  of  age  not  yet  transferred  to  the  Confede- 
rate States  that  may  desire  a  discharge,  and  it  was  agreed  to. 
Mr.  Gilmer  moved  to  insert  after  the  word  ''  Congress," 
where  it  first  occurs,  the  words,  "as  volunteers,"  which  was 
not  agreed  to. 

The  ordinance  then  passed  the  third  reading  and  was  ordered 
to  be  enrolled. 

Mr.  Badger  moved  to  reconsider  the  last  vote,  and  it  was 
not  agreed  to. 

The  ordinance  to  enable  the  Western  Railroad  company  to 
complete  their  road  was  then  taken  up  and  read  the  second  time. 
Mr.  Foster,  of  Randolph,  moved  the  following  substitute: 
That  that  part  of  section  5,  of  an  act  entitled  ''an  act  to  ena- 
ble the  Western  Railroad  company  to  extend  their  ruad  from 
the  Coalfields  to  the  North  Carolina  Railroad,"  which  requires 
the  President  to  certify  to  the  Governor  that  the  company  has 
purchased  the  iron  rails,  chairs  and  spikes,  and  will  forthwith 
proceed  to  Jay  down  and  complete  each  section  of  ten  miles, 
before  said  company  is  entitled  to  receive  the  sum  of  one  hun- 
dred thousaiid  dollars,  be,  and  the  same  is  hereby  repealed. 

Pending  the  consideration  of  this  question,  the  hour  of  6^ 
o'clock  arrived,  and  the  Convention  took  a  recess  until  7h 
o'clock. 


7^  O'cfiOCK,  P.  M. 

The  Convention  met,  Mr.  P.arnes,  at  the  request  of  the 
I 'resident,  in  the  chair. 

On  motion  of  Mr.  Sattertlnvaite,  the  roll  of  members  was 
called  and  the  following  answered  to  their  names: 


r>R  JOURNAL  OF  THE  [4th  Session, 

Messi'S.  Baglcy,  Barnes,  Batchelor,  Battle  of  Nash,  Battle 
of  "Wake,  Beriy,  Bryson,  Bunting,  Calchvell,  Cannon,  Christian, 
Cunningham,  Dardcn,  Dickson,  Dillard,  Donnell,  Douthitt,  * 
Durham,  Eiler,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer, 
Oorrcll,  Ilearne,  Headcn,  Holdcn,  IJouston,  Howard,  Johnston, 
Jones  of  Caldwell,  Joyce,  Kelly,  Leak  of  Richmond,  Long, 
Mann,  McDuffic,  McNeill  of  Cumberland,  Michal,  Miller,  My- 
ers, Penland,  Rhodes,  Roystcr,  SattevtliAvaite,  Sotzer,  Smith  of 
Johnston,  Smith  of  Macon,  Speed,  Starhuck,  Strong  of  Meck- 
lonl)urg,  Thomas  of  Carteret,  Thornton,  Warren,  Williams  and 
Wilson— 52. 

There  not  being  a  quorum  present, 

Mr.  Berry  moved  an  adjournment,  on  Avhich  the  ayes  and 
noes  were  ordered,  on  motion  of  Mr.  Speed,  and  resulted  in 
tlic  negative,  as  follows  : 

Aye&— Messrs.  Baglcy,  Barnes,  Berry,  Bunting,  Donnell, 
Douthitt,  Durham,  Eller,  Foster  of  'Asho,  Hearno-,  Johnston, 
Kitti-ell,  Mann,  McDuffie,  McNeill  of  Cumberland,  Smith  of 
Johnston,  Thomas  of  Carteret,  and  Thornton — 18. 
,  Noes— Messrs.  Batchelor^  Battle  of  Nash,  Battle  of  Wake, 
Bryson,  ChrislJan,  Cuiini)igham,  Dardcn,  Dillard,  Foster  of 
R.'vndolph,  Gilmer,  Houston,  Hownrd,  Jones  of  Caldwell,  Joyce, 
Michal,  Myers,  Benland,  Rhodes,  Satterthwaite,  Setzer,  Smith 
of 'Macon,  Speed,  Stai'buck,  Stro'Bg  of  Mecklenburg,  and  Wil- 
son— 26. 

After  some  suggestions  as  to  the  propriety  of  a  call  of  the 
House,  '    ' 

Mr.  Thomas,  of  Carteret,  moved  an  adjournment,  on  wliich 
the  ayes  and  noes  were  ordered,  on  motion  of  jMr.  Howard,  and 
resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Baglcy,  Barnes,  Berry,  Bunting,  Donnell, 
Douthitt,  Piller,' Johnston,  Leak  of  Richmond,  Mann,  McDuflie, 
JNIc'Ncill  of  Cmnbcrland,  Thomas  of  Carteret,  Thornton  and 
Williams— 15.   ^ '^    ?  ♦  "*  .■ /"ir  liK  ^  >«.»»   «*«^;*.Av«." 

Noes — Messrs.  Batchelor,  Battle  of  Nash,  Battle  of  Wake, 
Bryfeon,  Cannon,  Christian,  Cunningham,  D:irden,  Dickson, 
Dilhvid,  Durham, -Foster  of  Ashe,  Foster  of  Randolph,  Gilmer, 


1862.1  STATE   CONVENTION.  59 

Gorrell,  Hcarnc,  licaclcii,  lloldoii,  Houston,  Howard,  Jones  of 
Ca;ldwell,  Joyce,  Long,  Michul,  Miller,  Myery,  Pcnlund,  Ivayner, 
Rhodes,  lloyster,  Sattertliwaite,  Setzer,  Smith  of  Johnston, 
Smith  of  Macon,  Speed,  Starbuck,  Strong  of  Mccklentfurg, 
Warren  and  Wilson — 31). 

Mr.  Speed  moved  tliat  the  Doorkeeper  be  sent  for  absent 
members,  and  it  was  not  agreed  to. 

Mf.  Sattcrthwaitc  moved  an  adjournment,  on  which  the  ayes 
and  noes  Averc  ordered,  on  motion  of  Mr.  Cannon,  and  resulted 
in  the  negative,  as  follows: 

Ayes — Messrs.  Bagley,  Earnes,  Batchelor,  Battle  of  Nash, 
Berry,  Bunting,  Christian,  Dickson,  Douthitt,  Durham,  Eller, 
Foster  of  Randolph,  Houston,  HoAvard,  Leak  of  Richmond, 
Long,  McDuffie,  McNeill  of  Cuni^erland,  Sattcrthwaitc,  Thorn- 
ton and  Williams— ^2L 

,  Noes — Messrs.  Allison,  Battle  of  Wake,  Bryson,  Calloway, 
Cunningham,  Daixlcn,  Dillard,  Dbnnell,  Foster  of  Ashe,  Gilmer, 
Gorrell,  Hcarne,  Hoadcn,  Holden,  Johnston,  Jones  of  Caldwell, 
Joyce,  Mann,  INIichal,  Miller,  Myers,  renland,  Rayner,  Rhodes, 
Royster,  Setzer,  Smith  of  Johnston,  Smith  of  Macon,  Speed, 
Starbuck,  Strong  of  Mecklenburg,  Thomas  of  Cartc;'ct,  War- 
ren and  Wilson — 35. 

Mr.  Michal  moved  that  the,  doors  be  closed,  and  it  was  not 
agreed  to. 

Mr.  Long  moved  that  the  Convention  adjourn,  on  which  the 
ayes  and  noes  were  again  ordered,  and  resulted  in  the  affirma- 
tive, as  follows : 

Ay  lis — Messrs.  Bagley,  Barnes,  Battle  of  Nash,  Berry, 
Bunting,  Christian,  JJarden,  Dickson,  Doutiiitt,  Durham,  Eller, 
Fost^of  Ashe,  Foster  of  Randolph,  Hearne,  Headen,  Hous- 
ton, Howard,  Johnston,  Jones  of  Caldwell,  Leak  of  Richmond, 
Long,  McDuffie,  McNeill  of  Cumberland,  Michal,  Osborne, 
Rayner,  Sattcrthwaitc,  Smith  of  Macon,  Thornton,  Williams 
and  Woodfin— 31.     ' 

Noes— Messrs.  Allison,  Batchelor,  l^attle  of  Wake,  Bryson, 
Calloway,  Cannon,  Cunningham,  Dillard,  Donncll,  Gilmer, 
Gorrell,  Holden,  Joyce,  Lea-k  o^ Anson,  Mann,  Miller,  Myers, 


60  JOURNAL   OF   THE  [4th  Session, 

Penland,  Rhodes,  Royster,  Setzer,  Smith  of  Johnston,  Speed, 
Starbuok,  Strong  of  Mecklenburg,  Thomais  of  Carteret,  War- 
ren and  Wilson — 26. 

The  Convention  tlien  adjourned   until  9  o'clock   to-morrow 
mornin;r. 


IN  CONVENTION,  Tuesday,  May  6,  1862. 

The  President  called.,  the  Convention  to  order  pursuant  to 
adjournment. 

On  a  count,  it  Avas  found  there  was  not  a  quorum  present. 

Mr.  Thompson  moved  a  call  of  the  House,  which  was  agreed  to. 

Pending  the  call,  several  members  entered,  when  it  was  found 
that  a  quorum  was  present,  and  further  probeedings  on  the  call 
were  dispensed  with. 

The  journal  of  yesterday  was  then  read  and  approved. 

Mr.  Ritffin  offered  the  following  : 

Resolved^  That  the  committee  of  Finance  inquire  what  further 
sum  will  probably  be  re(|uircd  for  tlie  payment  of  thi  military 
bounty  provided  by  the  ordinance  passed  yesterday,  and  report 
a  proper  method  for  raising  the  same,  Avhich  was  adopted,  under 
a  suspension  of  the  rules. 

Mr.  Speed  introduced  an  ordinance  to  authorize  the  Public 
Treasurer  to  pay  Rev.  F.  V.  Hoskins  for  services  as  chaplain 
of  the  seventh  regiment,  which  passed  its  first  reading. 

On  his  motion  the  rules  were  suspended,  the  ordinance  read 
the  second  and  third  times,  passed,  and  ordered  to  be  enrolled. 

Mr.  P)attlc,  of  Wakcj  introduced  an  ordinance  in  regard  to 
the  Board  of  Claims,  which  passed  its  first  reading.  On  mo- 
tion, the  rules  were  suspended,  the  ordinance  read  the  second 
and  third^  times,  passed,  and  ordereil  to  be  enrolled. 

The  Convention  proceeded  to  consider  the  ordinance  in  rela- 
tion to  the  legislative  departhient  of  the  Constitution. 

Mr.  Howard  moved  to  strike  out  the  parts  of  the  0th  clause 
of  the  2nd  section,  Avhich  provides  that  the  election  by  the  peo- 
ple shall  be  by  ballot,  on  which  the  ayes  and  noes  were  ordered. 


1862.]  STATE  CONVENTION.  61 

on  motion  of  Mr.  Graliani,  and  resulted  in  the  negative,  as 
follows : 

Ayes— Mr.  Howard — 1. 

Noes — Messrs.  Allison,  Bagley,  Barnes,  Batcholor,  Battle  of 
Edgecombe,  Battle  of  Nash,  Berry,  Bogle,  Brown,  Bryson, 
Bunting,  Calloway,  Cannon,  Cunningham,  Darden,  Dillard, 
Donnell,  Douthitt,  Durham,  Edwards,  Eller,  Foster  of  Ashe, 
Foster  of  Bandolph,  Gilmer,  Gorrell,  Graham,  Hamlin,  TIeaden, 
Holmes,  Iloustfin,  Johnston,  Jones  of  Rowan,  Joyce,  Kittrell, 
Leak  of  Anson,  Leak  of  Richmond,  Lindsay,  Long,'  Mann, 
Manning,  McDowell  of  Burke,  McDuflic,  McNeill  of  Cumher- 
land,  Merritt,  Michal,  Miller,  Mitchell,  Mosoley,  Myers,  Pen- 
land,  Pettigrew,  Rayner,  Rhodes,  Royster,  Ruffin,  Sanders, 
Schenck,  Shipp,  Smith  of  Johnston,  Speed,  Spruill  of  Tyrrell, 
Starbuck,  Sutherland,  Thompson,  Thornton,  Warren,  Willia.ms, 
Woodfin  and  Wooten — 69. 

Mr.  Badger  moved  to  amend  the  ord  clause  of  the  3rd  sec- 
tion so  that  it  shall  read,  "the  General  Assembly  shall  pass  no 
law  or  joint  resolution  having  the  force  of  law,  except  by  the 
vote,  on  the  third  reading,  of  a  majority,  of  the  whole  number 
of  members  of  each  House. 

Mr.  Woodfin  moved  that  the  ordinance  lie  on  the  table,  on 
which  the  hjqs  and  noes  were  ordered,  on  motion  of  Mr.  Gor- 
rell,  and  resulted  in  the  affirmative,  as  follows  :  ayes  41,  noes  30. 

[The  record  of  the  ayes  and  noes  on  this  vot«  has  been  mis- 
placed, and  cannot  be  given.] 

The  Convention  then  took,  as  next  in  order,  on  the  calendar, 
the  ordinance  to  secure  just  and  equal  taxation.  On  motion  of 
Mr.  Calloway,  it  was  ordered  to  lie  on  the  table. 

The  ordinance  to  amend  the  Constitution  in  relation  to  Jus- 
tices of  the  Peace,  was  taken  up. 

Mr.  HoAvard  moved  to  lay  it  on  the  table,  on  whicli  the  ayes 
and  noes  were  ordered,  on  motion  of  Mr.  Barnes,  and  resulted 
in  the  affirmative,  as  follows : 

Ayes— Messrs.  Atkinson,  Badger,  Bagley,  Batchelor,  Battle 
of  Edgecombe,  Battle  of  Nash,  Brown,  Bunting,  Cunningham, 
Darden,  Dickson,  Dillard,  Durham,  Edwards,  Greenlee,  Holmes, 


62  JOURNAL  OF  THE         [4th  Session, 

Houston,  Howard,  Johnston,  Jones  of  Rowan,  Leak  of  Anson, 
Leak  of  Richmond,  McDowell  of  Burke,  McDowell  of  Madi- 
son, McDuffie,  Michal,  Miller,  Mitchell,  Moscley,  Osborne, 
Penland,  Pettigrew,  Raynev,  Royster,  Ruffin,  Schenck,  Setzer, 
Shipp,  Sutherland,  Thompson,  Thornton,  Williams,  AVilliamson, 
Woodfin  and  AVooten — 45. 

Noes — Messrs.  Allison,  Barnes,  Berry,  Bogle,  Bryson,  Cal- 
loway, Douthitt,  Eller,  Gilmer,  Gorrcll,  Graham,  Hamlin, 
Head  en,  Jones  of  Caldwell,  Joyce,  Long,  Manning,  McNeill  of 
Cumberland,  McNeill  of  Harnett,  Merritt,  Rhodes,  Sanders, 
Smith  of  Johnston,  Speed,  Starbuck  and  Wilson— 29. 

The  ordinance  in  relation  to  the  Executive  Department  was 
now  taken  up. 

Mr.  Howard  moved  that  it  lie  on  the  table,  on  which  the 
ayes  and  noes  were  ordered,  on  motion  of  Mr.  Badger,  and 
resulted  in  the  affirmative,  as  follows : 

Ayes— Messrs.  Atkinson,  Batchclor,  Battle  of  Edgecombe, 
Battle  of  Nash,  Brown,  Bunting,  Cunningham,  Darden,  Dick- 
son, Dillard,  Durham,  Edwards,  Foster  of  Ashe,  Greenlee, 
Holmes,  Houston,  Howard,  Johnston,  Jones  of  Rowan,  Leak 
of  Anson,  Leak  of  Richmond,  McDowell  of  Burke,  McDowell 
of  Madison,  McDuffie,  McNeill  of  Cumberland,  Michal,  Miller, 
Moseley,  Osborne,  Penland,'  Pettigrew,  Rayner,  Royster, 
Schenck,  Setzer,  Sutherland,  Thompson,  Thornton,  Williams, 
Williamson,  Woodfin  and  Wooten — 43. 

Noes— Messrs.  Allison,  Badger,'  Bagley,  Barnes,  Battle  of 
Wake,  Berry,  Bogle,  Bryson,  Calloway,  Cannon,  Christian, 
Douthitt,  Eller,  Foster  of  Randolph,  Gilmer,  Gorrell,  Graham, 
Hamlin,  Hearne,  Headen,  Holden,  Jones  of  Caldwell,  Joyce, 
Long,  Manning,  Merritt,  Mitchell,  Rhodes,  Ruffin, ,  Sanders, 
Shipp,  Smith  of  Johnston,  Speed,  Starbuck  and  Wilson— 3(3. 

The  ordinance  to  provide  for  an  advisory  council  was,  on 
motion  of  Mr.  Leak,  of  Richmond,  laid  upon  the  table. 

The  ordinance  to  amend  the  8th  section  of  the  Constitution 
was  read. 

Mr.  Thompson  moved  that  it  lie  on  the  table,  on  which  the  ayes 
and  noes  were  ordered,  on  motion  of  Mr.  Badger,  and  resulted 
in  the  affirmative,  as  follows : 


1862.]  STATE   CONVENTION.  63 

Ayes— Messrs.  Atkinson,' Batchclor,  Battle  of  Nash,  Battle 
of  Wake,  Berry,  Brown,  Bunting,  Calloway,  Cunningham, 
Darden,  Dickson,  Dillard,  Donnell,  Durham,  Edwards,  Eller, 
Foster  of  Randolph,  Gorrell,  Graham,  Greenlee,  Headen, 
Holmes,  Houston,  Howard,  Johnston,  Jones  of  Caldwell,  Jones 
of  Rowan,  Joyce,  Leak  of  Anson,  Leak  of  Richmond,  Long, 
McDowell  of  Burke,  McDowell  of  Madison,  McDuffio,  McNeill 
of  Cumberland,  Michal,  Miller,  Mitchell,  Moscley,  Myers,  Os- 
borne, Penland,  Pettigrew,  Rayner,  Rhodes,  Royster,  Ruffin, 
Satterthwaite,  Schenck,  Setzer,  Shipp,  Starbuck,  Sutherland, 
Thompson,  Thornton,  Warren,  Williams,  Williamson,  Woodfin 
and  Wooten — 60. 

Noes — Messrs.  Allison,  Badger,  Barnes,  Bogle,  Bryson, 
Christian,  Douthitt,  Foster  of  Ashe,  Gilmer,  Hamlin,  Hearne, 
Holdcn,  Kittrell,  Mann,  McNeill  of  Harnett,  Sanders,  Smith 
of  Johnston,  Smith  of  Macon,  and  Wilson — 19. 

Messrs.  Warren,  Manning,  Battle  of  Wake,  Christian,  Don- 
nell, Lindsay,  Headen  and  Satterthwaite,  who  were  absent 
from  their  scats  •when  the  vote  was  taken  this  morning,  asked 
and  obtained  leave  to  have  their  votes  recorded  in  the  negative 
on  the  motion  of  Mr.  Woodfin,  that  the  ordinance  in  relation  to 
the  Legislative  Department  of  the  Constitution,  lie  on  the  table. 

Whereupon,  the  President  announced  that  the  record  of  said 
votes,  as  thus  allowed  by  the  Convention,  in  the  negative,  had 
changed  the  complexion  of  the  result,  and  that  now  the  Con- 
vention would  proceed  again  to  the  consideration  of  the  ordi- 
nance in  relation  to  the  Legislative  Department  of  the  Consti- 
tution. 

The  question  recurred  on  the  amendment  proposed  by  Mr. 
Badger,  and  that  part  of  the  amendment  which  proposed  to 
insert  the  words,  "  or  joint  resolution  having  the  force  of  law," 
was  agreed  to. 

The  question  being  on  that  part  which  makes  a  majority  of 
the  whole  number  necessary  to  the   passage  of  all  laws,   the 
ayes  and  noes  were  ordered,   on  motion  of  Mr.  Badger,  and 
resulted  in  the  negative,  as  follows  : 
59 


64  JOURNAL  OF  THE         [4th  Session, 

Ayes — Messrs.  Badger,  Batchelor,  Battle  of  Edgecombe, 
Battle  of  Nash,  Bunting,  Calloway,  Cunningliam,  Dillard,  Ed- 
wards, EUer,  Greenlee,  Holmes,  Howard,  Johnston,  Jones  of 
Rowan,  Leak  of  Richmond,  Manning,  McNeill  of  Harnett, 
Merritt,  Miller,  Mitchell,  Moseley,  Phifer,  Rayner,  Royster, 
Strong  of  Mecklenburg,  Sutherland,  Thompson,  Thornton, 
Williams  and  Wooten — 37. 

Noes — Messrs.  Allison,  Battle  of  Wake,  Berry,  Bogle, 
Brown,  Bryson,  Christian,  Darden,  Dickson,  Douthitt,  Dur- 
ham, Foster  of  Ashe,  Foster  of  Randolph,  Graham,  Hamlin, 
Headen,  Holden,  Houston,  Jones  of  Caldwell,  Joyce,  Kittrell, 
Lindsay,  Long,  Mann,  McDowell  of  Burke,  McDowell  of  Madi- 
son, McDuffie,  McNeill  of  Cumberland,  Michal,  Myers,  Os- 
borne, Rhodes,  RuflEin,  Sanders,  Schenck,  Setzer,  Shipp,  Smith 
of  Johnston,  Smith  of  Macon,  Spruill  of  Bertie,  Starbuck, 
Williamson,  Wilson  and  Woodfin — 44. 

[On  motion  of  Mr.  Donnell,  leave  of  absence  from  and  after 
to-day,  was  granted  to  Messrs.  Atkinson,  Satterthwaite  and 
Warren.] 

Mr.  Badger  moved  to  amend  the  ordinance  by  inserting  after 
the  word  money,  the  words  "  or  creating  a  debt  of  the  State  or 
imposing  any  charge  on  the  State,"  on  which  the  ayes  and  noes 
were  ordered,  on  his  motion,  and  resulted  in  the  affirmative,  as 
follows : 

Ayes— Messrs.  Allison,  Badger,  Batchelor,  Battle  of  Edge- 
combe, Battle  of  Nash,  Battle  of  Wake,  Bunting,  Calloway, 
Cannon,  Cunningham,  Darden,  Dickson,  Dillard,  Edwards, 
Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Gorrell,  Headen, 
Holmes,  Houston,  Howard,  Johnston,  Jones  of  Rowan,  Leak 
of  Richmond,  Manning,  McNeill  of  Harnett,  Merritt,  Miller, 
Mitchell,  Moseley,  Pettigrew,  Rayner,  Rhodes,  Royster,  Ruffin, 
Sanders,  Setzer,  Smith  of  Johnston,  Spruill  of  TyiTell,  Strong 
of  Mecklenburg,  Thompson,  Thornton,  Warren,  Williams, 
Williamson  and  Wooten — 47. 

Noes — Messrs.  Barnes,  Berry,  Bogle,  Brown,  Bryson,  Chris- 
tian, Douthitt,  Durham,  Gilmer,  Graham,  Hearne,  Jones  of 
Caldwell,  Joyce,  Kittrell,  Long,  Mann,  McDuffie,  McNeill  of 


1862.]  STATE   CONVENTION.  65 

Cumberland,  Michal,  Myers,  Osborne,  Pcnland,  Phifer,  Schcnck>, 
Shlpp,  Smith  of  Macon,    Speed,   Spruill  of  Bertie,   Starbuck, 
Sutherland,  Wilson  and  Woodfin — 32. 

Mr.  Rayner  moved  to  insert  after  the  word  "law,"  the  words 
"or  law  for  the  incorporation  or  extension  of  the  charter  of 
any  bank  or  corporation  with  banking  privileges,"  on  which  the 
ayes  and  noes  were  ordered,  on  the  motion  of  Mr.  Rayner,  and 
resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Allison,  Badger,  Batchelor,  Battle  of  Edge- 
combe, Battle  of  Nash,  Brown,  Bunting,  Calloway,  Cannon, 
Cunningham,  Darden,  Dickson,  Dillard,  Foster  of  Ashe,  Holmes, 
Houston,  Howard,  Jones  of  Rowan,  Leak  of  Richmond,  McNeill 
of  Harnett,  Merritt,  Mitchell,  Moseley,  Pettigrew,  Rayner, 
Rhodes,  Royster,  Ruffin,  Smith  of  Johnston,  Spruill  of  Tyrrell, 
Starbuck,  Strong  of  Mecklenburg,  Thompson,  Thornton,  Wil- 
liams and  Wooten — 36. 

NoEP— Messrs.  Barnes,  Berry,  Bogle,  Bryson,  Christian, 
Douthitt,  Durham,  Eller,  Foster  of  Randolph,  Gilmer,  Gorrell, 
Graham,  Hamlin,  Hearne,  Headen,  Johnston,  Jones  of  Caldwell, 
Joyce,  Kittrell,  Long,  Manning,  McDowell  of  Burke,  McDowell 
of  Madison,  McDuffie,  McNeill  of  Cumberland,  Michal,  Miller, 
Myers,  Osborne,  Penland,  Sanders,  Schenck,  Shipp,  Smith  of 
Macon,  Speed,  Wilson  and  Woodfin — 37. 

On  motion,  the  Convention  took  a  recess  until  4  o'clock. 


4  O'clock,  P.  M. 

Mr.  Myers  moved  to  suspend  the  rules  so  as  to  take  up  the 
resolution  heretofore  introduced  by  him,  in  relation  to  a  supply 
of  salt,  on  which  the  ayes  and  noes  were  ordered,  on  motion  of 
Mr.  McDuffie,  and  resulted  in  the  arffirmative,  as  follows : 

Ayes— Messrs.  Barnes,  Batchelor,  Battle  of  Edgecombe, 
Battle  of  Nash,  Battle  of  Wake,  Brown,  Bunting,  Cunningham, 
Darden,  Dickson,  Dillard,  Durham,  Edwards,  Foster  of  Ashe, 
Greenlee,  Holden,  Holmes,  Houston,  Howard,  Johnston,  Leak 
of  Anson,  Leak  of  Richmond,  McDowell  of  Burke,  Michal, 


66  JOURNAL  OF  THE  [4th  Session, 

Miller,  Myers,  Osborne,  Pcnland,  Phifor,  Rhodes,  Royster, 
Sanders,,  Schcnck,  Setzcr,  Shipp,  Spruill  of  Tyrrell,  Strong  of 
Mecklenburg,  Thompson,  Thornton,  Williams,  Williamson  and 
Woodfin— 42. 

Noes — Messrs.  Badger,  Bagley,  Berry,  Bogle,  Bryson,  Cal- 
loway, Cannon,  Christian,  Douthitt,  Eller,  Foster  of  Randolph, 
Gilmer,  Gorrell,  Graham,  Hamlin,  Hearne,  Hcaden,  Jones  of 
Caldwell,  Jones  of  Rowan,  Joyce,  Long,  Mann,  Manning,  Mc- 
Duffie,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Mitchell, 
Mosclcy,  Rayner,  Ruffin,  Starbuck,  Sutherland,  Wilson  and 
Wooten — 34. 

The  unfinished  business  of  yesterday  was  taktin  up,  the  ques- 
tion being  on  the  substitute  offered  by  Mr.  Foster,  of  Randolph. 
Mr.  Batchelor  moved  that  it  lie  on  the  table,  on  which  the 
ayes  and  noes  were  ordered,  on  motion  of  Mr.  Foster,  of  Ran- 
dolph, and  resulted  in  the  negative,  as  follows  ; 

Ayes — Messrs.  Batchelor,  Battle  of  Edgecombe,  Battle  of 
Nash,  Berry,  Brown,  Cannon,  Cunningham,  Darden,  Dillard, 
Douthitt,  Edwards,  Graham,  Greenlee,  Holmes,  Houston,  How- 
ard, Jones  of  Caldwell,  Jones  of  Rowan,  McDowell  of  Burke, 
Michal,  Miller,  Mitchell,  Myers,  Penknd,  Phifer,  Rhodes, 
Royster,  Sanders,  Setzer,  Shipp,  Smith  of  Johnston,  Strong  of 
Mecklenburg,  Thornton,  Williams,  Williamson  and  Woodfin — 36. 
Noes — Messrs.  Badger,  Bagley,  Barnes,  Battle  of  Wake, 
Bogle,  Bryson,  Bunting,  Calloway,  Christian,  Dickson,  Dur- 
ham, Eller,  Foster  of  Ashe,  Foster  of  Ra-ndolph,  Gilmer,  Gor- 
rell, Hamlin,  Hearne,  Headen,  Holden,  Johnston,  Joyce,  Leak 
of  Anson,  Leak  of  Richmond,  Long,  Mann,  McDufiie,  McNeill 
of  Cumberland,  McNeill  of  Harnett,  Moseley,  Osborne,  Petti- 
grew,  Rayner,  Ruffin,  Speed,  Spruill  of  Tyrrell,  Sutherland, 
Thomas  of  Carteret,  Thompson,  Wilson  and  Wooten — 42. 

Mr.  Foster  moved  to  amend  the  substitute  so  as  to  provide 
that  the  lein  to  the  State  shall  embrace  all  the  property,  real 
and  personal,  belonging  to  both  the  eastern  and  western  divis- 
ions of  the  road,  which  was  agreed  to. 

The  substitute  was  then  adopted,  and  the  question  recurring 
on  the  passage  of  the  ordinance,  on  its  second  reading,  the 


1862.].  STATE   CONVENTION.  67 

ayes  and  noes  were,  ordered,  on  motion  of  Mr.  Foster,  of  Ran- 
dolph, and  resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Badger,  Barnes,  Battle  of  Wake,  Bryson, 
Calloway,  Christian,  Douthitt,  Eller,  Foster  of  Ashe,  Foster  of 
Randolph,  Gilmer,  Gorrell,  Graham,  Hamlin,  Hcaden,  Ilolden, 
Jones  of  Caldwell,  JoyCe,  Kittrell,  Leak  of  Richmond,  Long, 
Manning,  McDuffie,  McNeill  of  Cumberland,  McNeill  of  Har- 
nett, Osborne,  Pettigrcw,  Rhodes,  Ruffin,  Smith  of  Macon, 
Speed,  Spruill  of  Bertie,  Spruill  of  Tyrrell,  Starbuck,  Strong  of 
Mecklenburg,  Sutherland,  Washington,  Wilson  and  Wooten — 39. 

Noes — Messrs.  Batchelor,  Berry,  Bunting,  Cannon,  Cunning- 
ham, Dnrdcn,  Dillard,  Greenlee,  Hearnc,  Holmes,  Houston, 
Howard,  Johnston,  Jones  of  Rowan,  Leak  of  Anson,  Mann, 
McDowell  of  Burke,  McDowell  of  Madison,  Michal,  Miller, 
JMitchell,  Moseley,  Myers,  Pcnland,  Phifer,  Rayner,  Royster, 
Sanders,  Setzer,  Thompson,  Thornton,  Williams,  Williamson 
and  Woodfiu — 34. 

Mr.  Badger  moved  to  suspend  the  rules  so  as  to  put  the  ordi- 
nance on  the  third  reading  to-day,  on  which  the  ayes  and  noes 
were  ordered,  on  motion  of  Mr.  Howard,  and  resulted  in  the 
affirmative,  as  follows : 

Ayes— Messrs.  Badger,  Barnes,  Battle  of  Wake,  Bryson, 
Calloway,  Christian,  Darden,  Dickson,  Douthitt,  Eller,  Foster 
of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrcll,  Graham,  Ham- 
lin, Headen,  Holden,  Johnston,  Joyce,  Kittrell,  Leak  of  Rich- 
mond, Long,  Manning,  McDuffie,  McNeill  of  Cumberland,  Mc- 
Neill of  Harnett,  Miller,  Osborne,  Pettigrew,  Rhodes,  Ruffin, 
Shipp,  Smith  of  Macon,  Speed,  Spruill  of  Bertie,  Spruill  of 
Tyrrell,  Starbuck,  Strong  of  Mecklenburg,  Sutherland,  Wash- 
ington, Wilson  and  Wooten — 43. 

Noes — Messrs.  Batchelor,  Battle  of  Edgecombe,  Berry, 
Bunting,  Cannon,  Cunningham,  Dillard,  Durham,  Greenlee, 
Hearne,  Holmes,  Houston,  Howard,  Jones  of  Caldwell,  Jones 
of  Rowan,  Leak  of  Anson,  Mann,  McDowell  of  Burke,  Mc- 
Dowell of  Madison,  Michal,  Mitchell,  Moseley,  Myers,  Penland, 
Phifer,  Rayner,  Royster,  Sanders,  Setzer,  Thompson,  Thornton, 
Williams,  Williamson  and  Woodfin — 34. 


68  JOURNAL  OF  THE         [4th  Session, 

Mr.  Badger  moved  to  adjourn,  on  which  the  ayes  and  noes 
were  ordered,  on  motion  of  Mr.  Michal,  and  resulted  in  the 
aflfirmative,  as  follows : 

Ayes — Messrs.  Badger,  Barnes,  Battle  of  Edgecombe,  Berry, 
Bunting,  Cannon.  Dickson,  Durham,  Edwards,  Eller,  Foster  of 
Randolph,  Hamlin,  Ileaden,  Ilolden,  Holmes,  Houston,  How- 
ard, Johnston,  Jones  of  Rowan,  Leak  of  Richmond,  Long, 
McDowell  of  Madison,  McDuffie,  McNeill  of  Cumberland,  Mc- 
Neill of  Harnett,  Moseley,  Myers,  Osborne,  Penland,  Petti- 
grew,  Ruffin,  Schenck,  Shipp,  Spruill  of  Bertie,  Spruill  of 
Tyrrell,  Strong  of  Mecklenburg,  Sutherland,  Thornton,  Wil- 
liams, Williamson,  Woodfin  and  Wootcn — 40. 

j^OES — Messrs.  Batchelor,  Bryson,  Calloway,  Christian,  Cun- 
ningham, Darden,  Dillard,  Douthitt,  Foster  of  Ashe,  Gilmer, 
Gorrcll,  Graham,  Greenlee,  Hearne,  Jones  of  Caldwell,  Joyce, 
Leak  of  Anson,  Mann,  Manning,  McDowell  of  Burke,  Michal, 
Miller,  Mitchell,  Phifer,  Rayner,  Rhodes,  Royster,  Sanders, 
Setzer,  Smith  of  Macon,  Speed,  Starbuck,  Thompson,  Wash- 
ington and  Wilson — 35. 

The  Convention  then  adjourned  until  0  o'clock  to-morrow 
morning. 


IN  CONVENTION,  Wednesday,  May  7,  18G2. 

The  President  called  the  Convention  to  order  pursuant  to 
adjournment.  Prayer  by  Rev.  Thomas  E.  Skinner,  of  the 
Baptist  Church. 

Mr.  Rayner  offered  a  resolution  in  regard  to  the  Board  of 
Claims.  On  motion  the  rules  were  suspended  and  the  resolu- 
tion was  agreed  to. 

Mr.  Gilmer  introduced  an  ordinance  to  provide  bounty  for 
Partisan  Rangers,  raised  and  accepted  by  the  State,  which 
passed  its  first  reading. 

The  President  laid  before  the  Convention  a  communication 
from  the  Board  of  Claims  in  relation  to  an  error  in  the  allow- 
ance of  the  claim  of  Alamance  county. 


1862.]  STATE  CONVENTION.  69 

Mr.  RuflBii  offered  a  resolution  authorizing  the  Public  Treas- 
urer to  pay  said  claim,  and,  the  rules  being  suspended,  the 
resolution  was  adopted. 

The  President  announced  the  following  committee  on  the 
resolution  of  Mr.  Rayncr,  adopted  this  morning,  viz :  Messrs. 
Rayner,  Woodfin  and  Gorrell. 

Mr.  Moseley  introduced  an  ordinance  to  exempt  the  property 
of  delinquent  soldiers  from  a  double  tax,  which  passed  its  first 
reading.  On  his  motion  the  rules  were  suspended,  the  ordi- 
nance passed  the  second  and  third  readings  and  ordered  to  be 
enrolled. 

Mr.  Osborne  introduced  an  ordinance  to  incorporate  the 
Seponab  Iron  Manufacturing  Company,  which  passed  its  first 
reading. 

He  moved  to  suspend  the  rules,  that  the  ordinance  might  be 
put  on  its  passage  to-day,  on  which  the  ayes  and  noes  were 
ordered,  on  motion  of  Mr.  Battle,  of  Wake,  and  resulted  in 
the  affirmative,  as  follows : 

Ayes — Messrs.  Bagley,  Battle  of  Nash,  Battle  of  Wake, 
Bryson,  Calloway,  Christian,  Dickson,  Douthitt,  Durham,  Ed- 
wards, Ellcr,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer, 
Gorrell,  Graham,  Greenlee,  Hamlin,  Hearnc,  Headen,  Holden, 
Houston,  Johnston,  Jones  of  Caldwell,  Jones  of  Rowan,  Joyce, 
Leak  of  Anson,  Leak  of  Richmond,  Long,  Manning,  McDuffie, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Merritt,  Miller, 
Mitchell,  Osborne,  Phifer,  'Rhodes,  Royster,  Ruffin,  Schenck, 
Setzer,  Smith  of  Johnston,  Spruill  of  Bertie,  Spruill  of  Tyr- 
rell, Starbuck,  Strong  of  Mecklenburg,  Thompson,  Thornton, 
Wilson  and  Wooten — 51. 

Noes — Messrs.  Allison,  Barnes,  Batchclor,  Berry,  Bogle, 
Cannon,  Darden,  Dillard,  Mann,  McDowell  of  Burke,  Moseley, 
Myers,  Pcnland,  Sanders,  Sutherland  and  Woodfin — 16. 

The  ordinance  then  passed  the  second  and  third  readings, 
and  was  ordered  to  be  enrolled. 

Mr.  Barnes,  from  the  committee  to  whom  was  referred  the 
ordinance  to  amend  the  ordinance  to  give  to  certain  officers  and 
•oldiera  the  right  to  vote,  reported  a  substitute  therefor,  and 


70  JOURNAL  OF  THE        [4th  Session, 

recommended  its  passa^ge.     lie  moved  to  suspend  the  rules,  so 
that  the  ordinance  might  be  considered  now,  which  was  agreed  to. 

The  substitute  recommended  by  the  committee  was  then 
adopted,  and  the  ordinance,  as  thus  amended,  passed  the  second 
reading. 

It  was  then  read  the  third  time,  passed,  and  ordered  to  be 
enrolled. 

The  committee  on  Enrollments  reported,  as  correctly  enrolled, 

The  ordinance  in  regard  to  the  Board  of  Claims ; 

The  ordinance  in  favor  of  Rev.  F.  V.  Hoskins ; 

The  resolution  to  pay  the  claim  due  Alamance  county  ;  and, 

The  ordinance  to  amend  the  ordinance  giving  to  certain  offi- 
cers and  soldiers  the  right  to  vote  ; 

And  the  same  were  severally  ratified  in  due  form. 

The  special  order,  being  the  ordinance  in  relation  to  the  leg- 
islative department  of  the  Constitution,  was  now  taken  up. 

Mr.  Setzer  moved  to  postpone  the  consideration  of  the  ordi- 
nance, on  which  the  ayes  and  noes  were  ordered,  on  motion  of 
Mr.  Battle,  of  Wake,  and  resulted  in  the  affirmative,  as  follows  : 

Ayes — Messrs.  Bagley,  Barnes,  Batchelor,  Battle  of  Edge- 
combe, Battle  of  Nash,  Brown,  Bunting,  Caldwell,  Cunningham, 
Darden,  Dickson,  Dillard,  Durham,  Edwards,  Foster  of  Ashe, 
Greenlee,  Holmes,  Houston,  Howard,  Johnston,  Jones  of  Rowan, 
Leak  of  Anson,  Leak  of  Richmond,  McDowell  of  Burke,  Mc- 
Dowell of  Madison,  McDuffie,  McNeill  of  Cumberland,  McNeill 
of  Harnett,  Miller,  Moseley,  Myers,  Penland,  Phifer,  Rayner, 
Royster,  Sanders,  Schenck,  Setzer,  ^Strange,  Strong  of  Meck- 
lenburg, Sutherland,  Thompson,  Thornton,  Washington,  Wil- 
liamson, Woodfin  and  Wootcn — 47. 

Noes — Messrs.  Allison,  Badger,  Bogle,  Bryson,  Calloway, 
Cannon,  Donnell,  Douthitt,  Foster  of  Randolph,  Gilmer,  Gor- 
rell,  Graham,  Hamlin,  Holden,  Jones  of  Caldwell,  Joyce,  Kit- 
trell,  Lindsay,  Long,  Mann,  Manning,  Merritt,  Michal,  Mitchell, 
Pettigrew,  Rhodes,  Ruffin,  Smith  of  Johnston,  Smith  of  Macon, 
Speed,  Spruill  of  Bertie,  Starbuck  and  Wilson — 34. 

The  ordinance  to  provide  a  supply  of  salt  was  now  taken  up. 
After  some  discussion  of  the  subject,  Mr.  Gorrell  moved  to 


1862.]  STATE   CONVENTION.  71 

recommit  it  to  the  committee,  on  which  the  ayes  and  noes  were 
ordered,  on  motion  of  Mr.  Rayncr,  and  resulted  in  the  nega- 
tive, as  follows : 

Ayes — Messrs.  Allison,  Badger,  Battle  of  Edgecombe,  Berry, 
Brown,  OalloM'ay,  Christian,  Donncll,  Douthitt,  Eller,  Gorrell, 
Graham,  Hamlin,  Hearne,  Ilcaden,  Ilolden,  Holmes,  Houston, 
Jones  of  Caldwell,  Joyce,  Mann,  McNeill  of  ILrrnctt,  Meares, 
Mitchell,  Osborne,  Pettigrew,  Phifcr,  Rhodes,  Ruffin,  Sanders, 
Smith  of  Macon,  Spruill  of  Bertie,  Starbuck,  Strange,  Wash- 
ington and  Wilson — 36. 

Noes — Messrs.  Bagley,  Barnes,  Batchelor,  Buttle  of  Wake, 
l>ogle,  Bunting,  Caldwell,  Cunningham,  Darden,  Dickson,  Dil- 
lard,  Durham,  Edwards,  Foster  of  Ashe,  Foster  of  Randolph, 
Gilmer,  Greenlee,  HowA.rd,  Johnston,  Jones  of  Rowan,  Leak 
of  Anson,  Leak  of  Richmond,  Long,  Manning,  McDoAvell  of 
Burke,  McDowell  of  JIadison,  McDuffic,  McNeill  of  Cumber- 
land, Merritt,  Miller,  Moseley,  Myers,  Penland,  Rayner,  Roys- 
ter,  Schenck,  Sotzer,  Smith  of  Johnston,  Strong  of  Mecklen- 
burg, Sutherland,  Thompson,  Thornton,  AVilliams,  AVoodfin  and 
Wooten— 45. 

Messrs.  Leak  of  Richmond,  Long  and  Manning,  offered 
amendments,  pending  the  consideration  of  which,  the  ordinance 
was  recommitted,  on  motion,  to  the  committee,  with  instruction 
to  report  this  afternoon  at  4  o'clock. 

The  ordinance  in  relation  to  the  Legislative  Department  Avaa 
then  resumed. 

Mr.  Woodfin  moved  to  amend  the  2nd  section  of  the  3rd  arti- 
cle so  as  to  make  federal  population  tlie  basis  of  the  Senate, 
instead  of  taxation.  On  this  question  the  ayes  and  noes  were 
ordered,  on  motion  of  Mr.  Badger,  and  resulted  in  negative,  ns 
follows : 

Ayes — Messrs.  Bryson,  Durham,  Foster  of  Ashe,  Jones  of 
Rowan,  Leak  of  Richmond,  McDowell  of  Burke,  McDowell  of 
Madison,  Miclial,  IMiller,  Mitchell,  Penland,  Schenck,  Setzer, 
Shipp,  Smith  of  Macon,  Strong  of  Mecklenburg,  and  Wood- 
fin— 19. 

60 


72  JOURNAL   OF  THE  [4th  Session, 

Noes — Messrs.  Allison,  Badger,  Bagloy,  Barnes,  Batclielor, 
Battle  of  Edgecombe,  Battle  of  N;vsli,  Battle  of  Wake,  Berry, 
Bogle,  Brown,  Bunting,  Calloway,  Cannon,  Cunningham,  Dar- 
den,  Dickson,  Dillard,  Donncll,  Douthitt,  Edwards,  Eller,  Fos- 
ter of  Randolph,  Gilmer,  Gorrcll,  Graham,  Greenlee,  Hamlin, 
Hearne,  Headen-,  Holmes,  Houston,  Howard,  Jones  of  Cald- 
well, Joyce,  Kittrell,  Leak  of  Anson,  Long,  Mann,  Manning, 
McNeill  of  Cumberland,  Mcares^  Moseley,  Myers,  Osborne, 
Pettigrew,  Rayner,  Rhodes,  Ruffin,  Sanders,  Speed,  Spruill  of 
Bertie,  Spruill  of  Tyrrell,  Starbuck,  Strange,  Sutherland, 
Thompson,  Thornton,  Washington,  Williamson,  Wilson  and 
Wooten— 62. 

The  hour  having  arrived,  the  Convention  took  a  recess  till  4 
o'clock. 


4  O'clock,  P.  M. 

On  motion  of  Howard,  the  comnjittee  on  the  report  of  the 
Board  of  Claims,  was  discharged  from  further  consideration  of 
the  subject. 

The  ordinance  in  relation  to  the  Cheraw  and  Coalfields  Rail- 
road, was  taken  up  and  read  the  second  time. 

Mr.  Batchelor  moved  to  lay  it  on  the  table,  on  which  the 
ayes  and  noes  were  ordered,  on  motion  of  Mr.  Cunningham, 
and  resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Bagley,  Batchelor,  Bunting,  Cunninglmm, 
Darden,  Dickson,  Dillard,  Greenlee,  Holmes,  Howard,  John- 
ston, Penland,  Rhodes,  Royster,  Schenck,  Strong  of  Mecklen- 
burg, Thompson,  Thornton,  Williams  and  Williamson — 20. 

Noes — Messrs.  Badger,  Barnes,  Battle  of  Nash,  Battle  of 
Wake,  Berry,  Bogle,  Bryson,  Caldwell,  CalloAvay,  Cannon, 
Christian,  Douthitt,  Durham,  Eller,  Foster  of  Ashe,  Foster  of 
Randolph,  Gilmer,  Gorrell,  Headen,  Holden,  Houston,  Jones 
of  Rowan,  Joyce,  Kittrell,  Leak  of  Anson,  Leak  of  Richmond, 
Long,  Manning,  McDowell  of  Burke,  McDuiBfie,  McNeill  of 
Cumberland,  McNeill    of  Harnett,  Merritt,  Miller,  Pettigrew, 


1862.]  STATE   CONVENTION.  73 

Ruffin,  Sanders,    Sliipp,   Smith   of  Macon,   Speed,    Spruill  of 
Tyrrell,  Starbuck,  Sutherland,  Wilson  and  Wooten — 45. 

Mr.  Christian  now  offered  an  amendment,  providing  that  the 
company  shall  expend  as  much  money  in  construction  on  the 
northern  as  on  the  southern  side  of  the  Wilmington,  Charlotte 
and  Rutherford  Railroad,  and  do  the  same,  pari  jyassi ;  that 
they  shall  not  cross  said  road  more  than  twelve  miles  west  of 
Rockingham,  and,  \mder  penalty  of  a  forfeiture  of  their  char- 
ter, shall  complete  the  same  to  the  Coalfields,  in  Chatham 
county,  within  five  years  after  the  termination  of  the  present 
war ;  and  the  amendments  were  agreed  to. 

Tlie  ordinance  then  pa.ssed  the  second  reading. 

Mr.  Badger  moved  to  suspend  the  rules  and  put  the  ordi- 
nance, now,  on  its  third  reading,  on  which  the  ayes  and  noes 
were  ordered,  on  motion  of  Mr.  Plolmes,  and  resulted  as  follows: 

Ayes — Messrs.  Allison,  Badger,  Barnes,  Battle  of  Nash, 
Battle  of  Wake,  Berry,  Bogle,  Caldwell,  Calloway,  Cannon, 
Christian,  Dick,  "Douthitt,  Durham,  Eller,  Foster  of  Ashe,  Fos- 
ter of  Randolph,  (.Jilmer,  Gorrell,  Graham,  Ileaden,  Holden, 
Houston,  Jones  of  Caldwell,  Jones  of  Rowan,  Joyce,  Kittrell, 
'  Leak  of  Anson,  Long,  Mann,  Manning,  McDuffie,  McNeill  of 
Cumberland,  McNeill  of  Harnett,  Merritt,  Michal,  Miller, 
Myers,  Phifer,  Sanders,  Schenck,  Shipp,  Smith  of  Macon, 
Speed,  Spruill  of  I'^yrrell,  Starbuck,  Sutherland,  Washington, 
Williams,  Wilson  and  Woodfin — 51. 

Noes — Messrs.  ]3agley,  Batchelor,  Battle  of  Edgecombe, 
Bunting,  Cunningham,  Darden,  Dickson,  Dillard,  Green,  Green- 
lee, Holmes,  Howarvl,  Johnston,  Leak  of  Richmond,  McDowell 
of  Burke,  McDowell  of  Madison,  Meares,  Moseley,  Osborne, 
Penland,  Pettigrew,  Rayner,  Rhodes,  Royster,  Ruffin,  Strange, 
Thompson,  Thornton,  W^illiamson  and  Wooten — 30. 

Two-thirds  not  voting  in  the  afllrmntive,  the  rules  were  not 
suspended. 

Mr.  Manning,  from  the  committee  on  the  supply  of  salt, 
reported  a  substitute  for  the  ordinance  recommitted  to  the 
committee,  which  was  adopted,  and  as  thus  amended,  the  ordi- 
nance passed  the  third  reading,  and  was  ordered  to  be  enrolled. 


74  JOURNAL  OF  THE  [4th  Session, 

Mr.  Woodfin  offered  a  resolution  in  relation  to  adjournment, 
but  objection  to  its  reception  was  made,  and  the  objection  was 
sustained  by  tbe  decision  of  the  chair. 

An  appeal  fi'om  the  decision  of  the  chair  was  made,  and  the 
question  being  put,  "Shall  the  decision  of  the  chair  stand  as 
the  judgment  of  the  House  ?"  it  was  decided  in  the  affirmative, 
as  follows : 

AYES-^Messrs.  Allison,  Bagley,  Barnes,  Batchelor,  Battle  of 
Edgecombe,  Battle  of  Wake,  Berry,  Bogle,  Bryson,  Bunting,  Cal- 
loway, Christian,  Dick,  Dickson,  Douthitt,  Durham,  Eller,  Foster 
of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell,  Graham,  Headen, 
Holden,  Houston,  Jones  of  Caldwell,  Jones  of  Rowan,  Joyce, 
Kittrell,  Leak  of  Anson,  Leak  of  Richmond,  Long,  Mann, 
Manning,  McDuffie,  McNeill  of  Cumberland,  McNeill  of  Har- 
nett, Meares,  Merritt,  Miller,  Mitchell,  Myers,  Osborne,  Petti- 
grew,  Phifer,  Rhodes,  Royster,  Ruffin,  Shipp,  Smith  of  Macon, 
Speed,  Spruill  of  Tyrrell,  Starbuck,  Strange  and  Wilson — 55. 

Noes — Messrs.  Cunningham,  Darden,  Dillard,  Greenlee, 
Johnston,  McDowell  of  Burke,  McDowell  of  Madison,  Michal, 
Schenck,  Setzer,  Sutherland,  Thompson,  Thornton,  Williams, 
Woodfin  and  Wooten — 16. 

And  then  the  Convention  took  a  recess  until  7^  o'clock. 


7 J  O'clock,  P.  M. 

The  Convention  reassembled,  Mr.  Rayner  in  the  chair. 

The  ordinance  to  provide  for  the  collection  of  taxes  was 
taken  up  on  the  third  reading,  passed,  and  ordered  to  be 
enrolled. 

An  ordinance  to  enforce  certain  penalties  on  the  banks  of 
this  State  in  case  they  refuse  to  receive  the  Treasury  notes  of 
the  State,  was,  on  motion,  ordered  to  lie  on  the  table. 

The  ordinance  to  effect  a  communication,  by  railroad,  between 
Fayetteville  and  Florence,  S.  C,  was  taken  up  and  passed  the 
second  reading. 


1862.]  STATE   CONVENTION.  75 

Mr.  Howard  introduced  an  ordinance  to  authorize  the  Public 
Treasurer  to  pay  certain  claims  allowed  by  the  Board  of  Claims, 
which  passed  the  first  reading. 

On  his  motion  the  rules  were  suspended,  the  ordinance  passed 
the  second  and  third  readings,  and  was  ordered  to  be  enrolled. 

The  resolution  in  relation  to  a  magnetic  telegraph  between 
certain  places  was,  on  motion  of  Mr.  McDuffie,  ordered  to  lie 
on  the  table. 

The  ordinance  in  relation  to  the  raising  of  troops  for  local 
defense,  was,  on  motion,  ordered  to  lie  on  the  table. 

The  ordinance  to  authorize  the  Miners'  and  Planters'  Bank 
to  establish  a  branch  or  agency  -east  of  the  Blue  Rido-e  was 
read  the  second  time. 

Mr.  Battle,  of  Wake,  ofl\}red  to  amend  as  follows :  Tliat 
hereafter  all  the  subscrijrtion  to  the  capital  stock  of  said  bank 
shall  be  paid  in  full,  within  twelve  months  from  the  date  thereof 
and  it  Avas  agreed  to. 

Mr.  Kittrell  moved  to  amend  as  follows:  Provided  that  the 
entire  circulation  of  said  bank  shall  be  redeemable  at  said 
branch,  which  Avas  not  agreed  to. 

The  ordinance  then  passed  its  second  readino-. 

On  motion  of  Mr.  Setzer,  the  rules  were  suspended  and  it 
was  read  the  third  time,  passed",  and  ordered  to  be  enrolled. 

Mr.  Jones,  of  RoAvan,  moved  to  reconsider  the  vote  by  Avhich 
the  ordinance  passed  the  third  reading,  and  it  Avas  not  agreed  to. 

On  motion  of  Mr.  Setzer  the  Convention  adjourned. 


IN  CONVENTION,  Thurslay,  May  8,  1862. 

The  President  called  the  Convention  to  order  pursuant  to  ad- 
journment. 

The  journal  of  yesterday  Avas  read  and  approved. 

Mr.  Graham  offered  a  resolution  instructing  the  committee 
on  Military  Affairs  to  inquire  into  the  propriety  of  appropria- 
ting a  sum  sufficient  to  equip  a  company  with  Capt.  Edwards' 
Rifle  Battery,  and  to  pay  him  for  the  limited  use  of  his  invention. 


76  JOURNAL   OF  THE  [4th  Session, 

Mr.  IIoAvard  introduced  an  ordinance  explanatory  of  an 
ordinance  to  amend  an  ordinance  to  raise  North  Carolina's 
quota  of  Confederate  troops,  whixjli  passed  its  first  reading. 
On  his  motion,  the  rules  "were  suspended,  and  the  ordinance 
read  the  second  time. 

After  considerable  discussion  ol'  the  subject,  Mr.  Howard 
offered  a  substitute  for  the  same,  pending  the  consideration  of 
Avhich, 

Mr.  Barnes  moved  to  refer  the  Avhole  matter  to  a  select  com- 
mittee, on  which  the  ayes  and  noes  were  ordered,  on  motion  of 
Mr.  Badger,  and  resulted  in  affirmative,  as  follows: 

Ayes — Messrs.  Allison,  Badge]-,  Barnes,  Battle  of  Wake, 
Berry,  Bogle,  Bryson,  Cannon,  Dick,  Durham,  Eller,  Foster  of 
Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell,  Graham,  Hamlin, 
Headen,  Holden,  Houston,  Jones  of  Cakhvell,  Jones  of  Rowan, 
Kittrell,  Leak  of  Anson,  Long,  Mann,  Manning,  Merritt,  Mil- 
ler, Mitchell,  Myers,  Osborne,  Phifer,  Ruffin,  Sanders,  Shipp, 
Smith  of  Halifax,  Smith  of  Johnston,  Smith  of  Macon,  Speed, 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Starbuck,  Thomas  of  Car- 
teret, Washington  and  Wilson— 4G. 

Noes — Messrs.  Bagley,  Batchelor,  Brown,  Bunting,  Callo- 
way, Cunningham,  Darden,  Dickson,  Dillanl,  Edwards,  Green, 
Greenlee,  Holmes,  HoAvard,  Joyce,  McDowell  of  Burke,  Mc- 
Duffie,  McNeill  of  Cumberland,  McN^eill  of  Harnett,  Michal, 
Moseley,  Penland,  Pettigrew,  Rayner,  Rhodes,  Royster, 
Schenck,  Setzer,  Strange,  Sutherland,  Thompson,  Thornton, 
Williams,  Williamson,  Woodfin  and  AVooten — 36. 

Mr.  Smith,  of  Macon,  from  the  committee  on  Enrollments, 
reported  as  correctly  enrolled^  the  ordinance  to  authorize  the 
Public  Treasurer  to  pay  certain  claims  allowed  by  the  Board  of 
Claims,  and  the  same  was  ratified  in  due  form. 

Mr.  Mitchell  introduced  an  ordinance  in  relation  to  the 
bounty  to  solders,  which  passed  the  first  reading,  and  was 
referred  to  the  select  committee  rai.^ed  on  the  motion  of  Mr. 
Barnes. 

Mr.  Shipp  offered  a  resolution  in  relation  to  the  claim  of 
Haywood  county,  which  was  agreed  to,  under  a  suspension  of 
the  rules. 


1862.]  STATE   CONVENTION.  77 

The  President  announced  the  following  committee  on  the 
ordinances  introduced  by  Mr.  Howard  and  by  Mr.  Mitchell : 
Messrs.  Barnes,  Howard,  Pettigrew,  Brown  and  Strange. 

Mr.  Smith,  of  Macon,  from  the  select  committee  on  repairs 
to  the  Western  Turnpike,  reported  the  ordinance  back  with  an 
amendment,  and  recommended  its  passage. 

Mr.  Battle,  of  Wake,  offered  a  resolution  calling  on  the 
Governor  for  official  reports  of  the  late  battle  at  Newborn, 
which  was  agreed  to  under  a  suspension  of  the  rules. 

Mr.  Woodfin  asked  leave  to  introduce  a  resolution  relating 
to  adjournment,  and  objection  being  made  that  the  hour  for  the 
introduction  of  resolutions  was  passed,  the  question  was  put, 
"Shall  he  have  leave  ?"  on  which  the  ayes  and  noes  were  or- 
dered, on  motion  of  Mr.  Howard,  and  resulted  in  the  negative, 
as  follows : 

Ayes — Messrs.  Batchelor,  Battle  of  Nash,  Berry,  Brown, 
Bunting,  Dardcn,  Dickson,  Dillard,  Durham,  Green,  Holmes, 
Houston,  Howard,  Jones  of  Rowan,  Leak  of  Anson,  McDowell 
of  Burke,  Michal,  Miller,  Mitchell,  Moseley,  Rayner,  Royster, 
Sanders,  Schenck,  Setzer,  Shipp,  Strange,  Sutherland,  Thomp- 
son, Thornton,  Williams,  Williamson- and  Woodfin — 33. 

Noes — Messrs.  Allison,  Badger,  Barnes,  Battle  of  Edge- 
combe, Battle  of  Wake,  Bogle,  Bryson,  Calloway,  Cannon 
Dick,  Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gra- 
ham, ileaden,  Holden,  Jones  of  Caldwell,  Joyce,  Kittrell 
Lindsay,  Long,  Mann,  Manning,  Meares,  Merritt,  Myers,  Os- 
borne, Rhodes,  Smith  of  Halifax,  Smith  of  Macon,  Speed, 
Spruill  of  Bertie,  Spruill  of  Tyrrell,  Starbuck,  Thomas  of  Cer- 
teret,  Washington  and  Wilson — 38. 

By  consent,  Mr.  Schenck  introduced  tlie  following  resolution; 

Resolved,  That  when  the  Convention  shall  be  dissolved,  that 
the  Principal  Secretary  shall  have  printed  five  hundred  copies 
of  its  journal ;  two  copies  to  be  furnished  to  every  former 
and  present  delegate  to  the  Convention ;  two  to  each  of  the 
Secretaries  of  the  Convention ;  two  to  the  library  of  the  Uni- 
versity ;  one  to  each  County  and  Superior  Court  clerk's  office 
in  the  State,  and  one-half  of  the  residue  to  be  deposited  in  the 


n  JOURNAL   OF  THE        [4th  Session, 

office  of  the  Secretary  of  State,  and  the  other  half  to  the 
public  Library  of  the  State,  and  that  the  Secretary  be  allowed 
the  sum  of  one  hundred  dollars  for  transcribing  the  journals. 

On  motion,  the  rules  were  suspended  and  the  resolution 
was  agreed  to. 

Mr.  Osborne,  from  the  select  committee  on  the  memorial  from 
citizens  of  Mecklenburg  county  asking  State  aid  for  a  Rifle 
Factory,  reported  a  resolution  granting  the  aid  asked,  which 
passed  its  first  reading. 

He  moved  to  suspend  the  rules  so  as  to  give  the  resolution 
its  several  readings  to-day,  on  which  the  ayes  and  noes  w^ere 
ordered,  on  motion  of  Mr.  Merritt,  and  resulted  in  the  negative, 
(two-thirds  not  voting  therefor)  as  follows : 

Ayes — Messrs.  Badger,  Bagley,  Batchelor,  Battle  of  Edge- 
combe, Battle  of  Nash,  Battle  of  Wake,  Brown,  Bryson,  Bunt- 
ing, Cunningham,  Darden,  Dickson,  Dillard,  Durham,  Graham, 
Holmes,  Houston,  Lindsay,  McDowell  of  Burke,  McDufRe, 
McNeill  of  Cumberland,  Miller,  Moseley,  Osborne,  Pettigrew, 
Rhodes,  Royster,  Ruffin,  Schenck,  Shipp,  Spruill  of  Bertie, 
Starbuck,  Strange,  Sutherland,  Thompson,  Williams,  William- 
son, Wilson,  Woodfin  and  Wooten — 40. 

Noes — Messrs.  Allison,  Barnes,  Berry,  Bogle,  Calloway, 
Cannon,  Christian,  Dick,  Eller,  Foster  of  Ashe,  Foster  of  Ran- 
dolph, Gilmer,  Gorrell,  Holden,  Jones  of  Caldwell,  Jones  of 
Rowan,  Joyce,  Long,  Mann,  Manning,  Meares,  Merritt,  Mitchell, 
Myers,  Penland,  Rayner,  Sanders,  Setzer,  Smith  of  Halifax, 
Smith  of  Johnston,  Speed,  Spruill  of  Tyrrell,  Thomas  of  Car- 
teret, Thornton  and  Washington — 35. 

The  ordinance  relating  to  the  Legislative  Department,  being 
the  special  order,  was  now  taken  up,  pending  the  consideration 
of  which,  the  hour  arrived  and  the  Convention  took  a  recess 
until  4  o'clock. 


4  O'clock,  P.  M. 
The  Convention  proceeded  to  the  consideration  of  the  busi- 
ness on  the  calendar. 


1862.]  STATE   CONVENTION.  79 

The  resolution  to  exempt  Justices  of  the  Peace  from  militia 
drill,  was,  on  motion  of  Mr.  Woodfin,  laid  on  the  table. 

The  ordinance  to  restore  the  courts  was  now  taken  up. 

Mr.  RufRn  moved  to  amend  by  striking  out  the  second  section. 

Mr.  Thompson  moved  to  lay  the  subject  on  the  table,  on 
which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Man- 
ning, and  resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Batchelor,  Battle  of  Edgecombe,  Battle  of 
Nash,  Bunting,  Christian,  Cunningham,  Darden,  Dickson,  Dil- 
lard,  Durham,  Edwards,  Eller,  Gorrell,  Headen,  Holmes,  Jones 
of  Rowan,  Leak  of  Anson,  Mann,  McDowell  of  Burke,  McDuffie, 
McNeill  of  Cumberland,  Miller,  Moseley,  Pettigrew,  Phifer, 
Rhodes,  Royster,  Smith  of  Johnston,  Spruill  of  Tyi-rell,  Strange, 
Sutherland,  Thompson,  Thornton,  Washington,  Williams,  Wil- 
liamson, Woodfin  and  Wooten— 29. 

Noes — Messrs.  Allison,  Badger,  Barnes,  Battle  of  Wake, 
Berry,  Bryson,  Calloway,  Foster  of  Ashe,  Foster  of  Randolph, 
Gilmer,  Graham,  Green,  Jones  of  Caldwell,  Joyce,  Kittrell, 
Long,  Manning,  Merritt,  Michal,  Mitchell,  Osborne,  Ruffin, 
Sanders,  Schenck,  Shipp,  Smith  of  Halifax,  Smith  of  Macon, 
Speed,  Starbuck,  Thomas  of  Carteret,  and  Wilson — 31. 

The  resolution  in  regard  to  the  valuation  of  slaves  was  taken 
up,  and,  on  motion  of  Mr.  Batchelor,  ordered  to  lie  on  the  table. 

The  resolution  to  increase  the  salaries  of  the  Treasurer, 
Secretary  of  State  and  Comptroller,  was  taken  up  and  read  the 
second  time  and  passed. 

On  motion  the  rules  were  suspended,  the  resolution  read  the 
third  time,  passed,  and  ordered  to  be  enrolled. 

On  the  third  reading  the  ayes  and  noes  were  ordered,  on 
motion  of  Mr.  Smith,  of  Macon,  as  follows : 

Ayes — Messrs.  Badger,  Barnes,  Batchelor,  Battle  of  Edge- 
combe, Battle  of  Nash,  Battle  of  Wake,  Bryson,  Bunting, 
Caldwell,  Calloway,  Christian,  Cunningham,  Darden,  Dickson, 
Dillard,  Durham,  Edwards,  Eller,  Foster  of  Randolph,  Gilmer, 
Gorrell,  Holden,  Holmes,  Howard,  Jones  of  Rowan,  Leak  of 
Richmond,  Long,  Manning,  McDowell  of  Burke,  McDuffie, 
McNeill  of  Cumberland,  Merritt,  Miller,  Moseley,  Osborne, 
CI 


80  JOURNAL  OF  THE         [4th  Session, 

Phifer,  Rhodes,  Royster,  Ruffin,  Sclienck,  Smith  of  Halifax, 
Speed,  Strange,  Sutherland,  Thomas  of  Carteret,  Thompson, 
Thornton,  Washington,  Williamson,  Woodfin  and  Wooten — 51. 

Noes — Messrs.  Allison,  Berry,  Bogle,  Cannon,  Foster  of 
Ashe,  Graham,  Headen,  Jones  of  Cakhvell,  Joyce,  Mann, 
Mitchell,  Myers,  Pettigrew,  Sanders,  Setzer,  Shipp,  Smith  of 
Johnston,  Smith  of  Macon,  Starbuck,  Williams  and  Wilson — 21. 

The  ordinance  to  provide  for  the  election  of  Governor  and 
members  of  the  General  Assembly,  was,  on  motion  of  Mr. 
Graham,  ordered  to  lie  on  the  table. 

The  resolution  in  favor  of  the  Western  North  Carolina  Rail- 
road was  read  the  second  time. 

On  motion  of  Mr.  Badger,  it  was  amended  as  follows :  "  As 
the  said  issues  may  become  due  according  to  the  directions  of 
said  act." 

The  question  recurring  on  the  passage  of  the  resolution,  the 
ayes  and  noes  were  ordered,  on  motion  of  Mr.  Starbuck,  and 
resulted  in  the  negative,  as  folloAvs  : 

Ayes — Messrs.  Badger,  Brown,  Bryson,  Caldwell,  Christian, 
Edwards,  Foster  of  Randolph,  Gilmer,  Headen,  Holden,  JoyGe, 
Manning,  McDowell  of  Burke,  McDuffie,  Meares,  Michal,  Mil- 
ler, Osborne,  Ruffin,  Setzer,  Shipp,  Smith  of  Macon,  Suther- 
land and  Woodfin — 24. 

Noes — Messrs.  Allison,  Bagley,  Barnes,  Batchelor,  Battle 
of  Edgecombe,  Battle  of  Nash,  Battle  of  Wake,  Berry,  Bogle, 
Bunting,  Calloway,  Cannon,  Cunningham,  Darden,  Dickson, 
Pillard,  Durham,  Eller,  Foster  of  Ashe,  Gorrell,  Graham, 
Green,  Hamlin,  Holmes,  Jones  of  Caldwell,  Jones  of  Rowan, 
Leak  of  Anson,  Long,  Mann,  McNeill  of  Harnett,  Mitchell, 
Myers,  Pettigrew,  Phifer,  Rhodes,  Royster,  Sanders,  Smith  of 
Halifax,  Smith  of  Johnston,  Speed,  Spruill  of  Tyrrell,  Star- 
buck,  Thomas  of  Carteret,  Thompson,  Thornton,  Washington, 
Williams,  Williamson,  Wilson  and  Wooten — 50. 

On  motion  of  Mr.  Badger,  the  Convention  took  up  the  ordi- 
nance to  enlarge  the  powers  of  the  Commissioners  of  the  city 
of  Raleigh. 


1862.]  STATE   CONVENTION.  gi 

The  ordinance  passed  the  second  reading,  and,  on  motion, 
the  rules  were  suspended,  and  it  was  read  the  third  time. 

Mr.  Graham  moved  to  amend  hy  adding  to  the  second  section 
the  proviso,  "that  any  party  dissatisfied  with  such  judgment 
shall  be  allowed  an  appeal  to  the  next  Superior  Court  of  the 
county,"  on  which  the  ayes  and  noes  were  ordered,  and  resulted 
in  the  affirmative,  as  follows: 

AYES-Messrs.  Allison,  Bagley,  Barnes,  Batchelor,  Battle  of 
Wake,  Berry,  Bogle,  Brown,  Bryson,  Caldwell,  Cannon,  Chris- 
tian,  Cunningham,  Dickson,  Durham,  Edwards,  Eller,  Foster 
of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell.  Graham,  Ham- 
lin, Headen,  Ilolden,  Jon^s  of  Caldwell,  Jones  of  Rowan, 
Joyce,  Leak  of  Anson,  Long,  Manninir,  McDuffie,  McNeill  of 
llaniett,  Mitchell,  Myers,  Bhifer,  Kuffin,  Sanders,  Smith  of 
Halifax^  Smith  of  Johnston,  Speed,  Starhuck,  Thomas  of  Car- 
teret, Washington,  Williamson  and  Wilson 16. 

Noes— Messrs.  Badger,  Battle  of  Edgecombe,  Battle  of  Nash, 
Bunting,  Calloway,  Darden,  Dillard,  Green,  Holmes,  Houston' 
McDowell  of  Burke,  Mcarcs,  Michal,  Miller,  Osborne,  Petti- 
grew,  Rhodes,  Royster,  Schcnck,  Setzer,  Spruill  of  Tyrrell, 
Strange,  Sutherland,  Thompson,  Thornton,  Williams,  Woodfin 
and  Wooten — 28. 

Mr.  Schenck  moved  to  amend  the  second  section  by  adding 
the  words,  "and  shall  give  ample  surety  for  the  penalty  and 
costs,"  which  was  agreed  to. 

On  motion  of  Mr.  Battle,  of  Wake,  the  ordinance  was  so 
amended  as  to  extend  its  provisions  to  the  several  cities  and 
towns  of  the  State. 

Mr.  McDuffie  moved  to  amend  so  that  the  ordinance  shall 
only  apply  to  retailers,  and  it  was  not  agreed  to. 

Mr.  Manning  moved  to  amend  by  striking  out  "Superior" 
and  inserting  "County,"  before  the  word  "Court,"  and  it  was 
agreed  to. 

Mr.  Sanders  moved  to  insert  "  and  Courts  of  Pleas  and 
Quarter  Sessions,"  after  the  word  "Commissioners,"  and  it  was 
not  agreed  to. 


82  JOURNAL  OF  THE         [4th  Session, 

The  ordinance  then  passed  the  third  reading,  and  its  title 
amended  to  correspond  with  its  provisions,  and  it  was  ordered 
to  be  enrolled. 

Mr.  Gilmer  moved  to  suspend  the  rules  and  take  up  the  ordi- 
nance to  complete  the  improvements  of  the  Cape  Fear  and  Deep 
River. 

Mr.  Shipp  moved  an  adjournment,  on  which  the  ayes  and 
noes  were  ordered,  on  motion  of  Mr.  Gilmer,  and  resulted  in 
the  negative,  as  follows : 

Ayes — Messrs.  Badger,  Bagley,  Batchelor,  Battle  of  Edge- 
combe, Berry,  Bogle,  Bunting,  Cannon,  Durham,  Green,  How- 
ard, Mann,  Meares,  Michal,  Moseley,  Osborne,  Rhodes,  Roys- 
ter,  Schenck,  Setzer,  Shipp,  Smith  of  Halifax,  Smith  of  John- 
ston, Spruill  of  Tyrrell,  Strange,  Sutherland,  Thompson, 
Thornton,  Williams,  Woodfin  and  Wooten — 32. 

Noes — Messrs.  Allison,  Barnes,  Battle  of  Nash,  Battle  of 
Wake,  Bryson,  Caldwell,  Calloway,  Christian,  Cunningham, 
Darden,  Dick,  Dillard,  Eller,  Foster  of  Ashe,  Gilmer,  Gorrell, 
Graham,  Hamlin,  Headen,  Holden,  Holmes,  Jones  of  Caldwell, 
Jones  of  Rowan,  Joyce,  Leak  of  Anson,  Long,  Manning,  Mc- 
Dowell of  Madison,  McDuffie,  McNeill  of  Cumberland,  McNeill 
of  Harnett,  Miller,  Mitchell,  Penland,  Pettigrew,  Phifer,  San- 
ders, Smith  of  Macon,  Speed,  Thomas  of  Carteret,  and  Wash- 
ington— 42. 

Mr.  Gorrell  moved  to  adjourn  until  until  7|  o'clock,  which 
was  not  agreed  to. 

Mr.  Speed  moved  an  adjournment,  on  which  the  ayes  and  noes 
were  ordered,  on  motion  of  Mr.  Christian,  and  resulted  in  the 
afl&rmative,  as  follows : 

^YEs — Messrs.  Bagley,  Barnes,  Batchelor,  Battle  of  Edge- 
combe, Battle  of  Nash,  Berry,  Bogle,  Bunting,  Cannon,  Dillard, 
Durham,  Foster  of  Randolph,  Graham,  Green,  Holmes,  Hous- 
ton, Howard,  Jones  of  Caldwell,  Long,  Manning,  McDowell  of 
Madison,  Michal,  Moseley,  Phifer,  Rhodes,  Royster,  Ruffin, 
Schenck,  Setzer,  Shipp,  Smith  of  Halifax,  Speed,  Spruill  of 
Bertie,  Strange,  Sutherland,  Thompson,  Thornton,  Williams, 
Woodfin  and  Wooten— 40. 


1862.]  STATE  CONVENTION.  83 

Noes — Messrs.  Allison,  Badger,  Battle  of  Wake,  Bryson 
Calloway,    Christian,    Cunningham,    Darden,    Dick,    Dickson 
Eller,  Foster  of  Ashe,  Gilmer,  Gorrell,   Hamlin,  Headen    Hol- 
den,  Joyce,  Leak  of  Ashe,  McDuffie,  McNeill  of  Cumberland 
McNeill  of  Harnett,  Miller,  Mitchell,  Penland,  Pettio-rew   San- 
ders, Smith  of  Johnston,  Smith  of  Macon,  Starbuck,  Thomas 
of  Carteret,  Washington  and  Wilson — 33. 

So  the    Convention    adjourned   until  9  o'clock    to-morrow 
morning. 


IN  CONVENTION,  Friday,  May  9,  1862. 

The  President  took  the  chair  and  called  the  Convention  to 
order.  Prayer  by  Rev.  J.  M.  Atkinson,  of  the  Presbyterian 
Church. 

The  journal  of  yesterday  was  read  and  approved. 

On  motion  of  Mr.  Speed,  leave  of  absence  from  and  after 
to-day,  was  granted  to  Mr.  Calloway. 

Mr.   Caldwell  presented  a  petition   from   sundry   citizens  of 
Rowan  county  on  the  subjects  of  speculation  and  extortion 
which,  on  motion  of  Mr.  Rayner,  was  ordered  to  lie  on  the  table. 

Mr.  Battle,  of  Wake,  from  the  committee  on  Enrollments 
reported  as  correctly  enrolled, 

The  ordinance  to  enlarge  the  powers  of  the  corporate  cities 
and  towns  of  the  State  : 

The  ordinance  to  increase  the  salaries  of  certain  State  officers  • 

An  ordinance  for  the  collection  of  taxes,  and  for  other  pur- 
poses ; 

The  ordinance  to  allow  the  Miners'  and  Planters'  Bank  to 
establish  a  branch  or  agency  east  of  the  Blue  Ridge  ; 

The  ordinance  to  incorporate  the  Seponab  Iron  company  ;  and 

The  resolution  for  printing  the  journals  of  the  Convention ; 

And  the  same  were  severally  ratified  in  due  form. 

Mr.  Bagley,  from  the  committee  to  inquire  concerning  the 
burning  of  the  Jennie  Hunter,  reported  an  ordinance  to  pay 
the  owners  of  the  cargo  destroyed,  which  lies  over  one  day. 


84  JOURNAL  OF  THE         [4th  Session, 

Mr.  Michal  offered  a  resolution  declaring  that  the  State 
ought  to  pay  all  claims  of  counties  for  money  expended  for 
volunteers,  which  lies  over  one  day  under  the  rules. 

Mr.  Howard  moved  to  suspend  the  rules  so  that  the  resolu- 
tion may  be  now  considered,  and  it  was  not  agreed  to. 

Mr.  Calloway  introduced  an  ordinance  to  continue  in  service 
men  under  eighteen  years  of  age,  which  passed  the  first  reading, 
and  was  referred  to  the  select  committee  raised  on  the  same 
subject  yesterday. 

Mr.  Lindsay  introduced  an  ordinance  to  pay  the  officers  and 
privates  of  the  Currituck  G-uards,  which  passed  its  first  read- 
ing, and  was,  on  motioir,  referred  to  a  select  committee,  on 
which  the  President  appointed  Messrs.  Lindsay,  Batchelor, 
Jones  of  Caldwell,  Spruill  of  Tyrrell,  and  Bagley. 

Mr.  Starbuck  introduced  an  ordinance  to  modify  the  provis- 
ions of  sec.  13,  chap.  Ill,  of  t]ie  Revised  Code,  so  as  to  author- 
ize the  incorporated  cities  and  towns  of  the  State  to  tax  pro- 
perty in  slaves,  which  passed  its  first  reading. 

Mr.  Rayner  presented  a  communication  from  the  Board  of 
Claims  in  reply  to  a  resolution  of  the  Convention,  which,  on 
motion,  was  ordered  to  lie  on  the  table. 

On  motion  of  Mr.  Ruffin,  leave  of  absence  from  and  after 
to-day  was  granted  to  Mr.  Williamson. 

Mr.  McDowell,  of  Madison,  offered  a  resolution  in  relation 
to  the  claim  of  Madison  county,  which  lies  over  one  day. 

Mr.  Shipp  introduced  an  ordinance  in  relation  to  the  Green- 
ville and  French  Broad  Railroad,  which  passed  its  first  reading. 

The  ordinance  in  relation  to  the  Legislative  Department  of 
the  Constitution,  being  the  special  order  of  the  day,  was  now 
taken  up. 

Mr.  Brown  moved  to  lay  the  ordinance  on  the  table,  on  which 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Gorrell,  and 
resulted  in  the  negative,  as  follows  : 

A.YES — Messrs.  Bagley,  Batchelor,  Battle  of  Edgecombe, 
Battle  of  Nash,  Brown,  Bunting,  Caldwell,  Cunningham,  Dar- 
den,  Dickson,  Dillard,  Durham,  Edwards,  Holmes,  Houston, 
Howard,  Jones  of  Rowan,  Leak  of  Anson,  McDowell  of  Burke, 


1862.]  STATE   CONVENTION.  85 

McDowell  of  Madison,  Michal,  Moscley,  Pcnland,  Rayncr,  Roys- 
ter,  Sclicnck,  Setzer,  Smith  of  Halifax,  Strange,  Sutherland, 
Thompson,  Thornton,  Washington,  Williams,  Williamson,  Wood- 
fin  and  Wooten — 39. 

Noes — Messrs.  Allison,  Battle  of  Wake,  Berry,  Bogle,  Bry- 
son,  Calloway,  Cannon,  Christian,  Dick,  Eller,  Foster  of  Ashe, 
Foster  of  Randolph,  Goi'rell,  Graham,  Hamlin,  Headen,  Hol- 
den,  Jones  of  Caldwell,  Joyce,  Lindsay,  Long,  Mann,  Manning, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares,  Miller, 
Mitchell,  Myers,  Pettigrew,  Phifer,  Rhodes,  Ruffin,  Sanders, 
Shipp,  Smith  of  Johnston,  Smith  of  Macon,  Speed,  Starbuck, 
Thomas  of  Carteret,  and  Wilson — 41. 

Mr.  Battle,  of  Wake,  moved  to  amend  by  adding  to  clause 
3,  of  section  3,  as  follows:  "Or  two-thirds  of  the  members  of 
each  House  present." 

Mr.  Michal  moved  to  amend  the  amendment  by  striking  out 
" two- thirds,"  and  inserting  "seven-eighths,"  which  Avas  not 
agreed  to. 

The  question  recurred  on  the  amendment  proposed  by  Mr. 
Battle,  of  Wake,  on  which  the  ayes  and  noes  were  ordered,  on 
his  motion,  and  resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Allison,  Battle  of  Edgecombe,  Battle  of 
Wake,  Bogle,  Brown,  Bryson,  Caldwell,  Calloway,  Dick,  Dur- 
ham, Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gor- 
rell,  Graham,  Green,  Hamlin,  Headen,  Holden,  Houston,  Jones 
of  Rowan,  Joyce,  Lindsay,  Long,  Mann,  McDowell  of  Burke, 
McDowell  of  Madison,  JSIcNeill  of  Cumberland,  McNeill  of 
Harnett,  Mearcs,  Miller,  Mitchell,  Myers,  Osborne,  Penland, 
Pettigrew,  Phifer,  Rhodes,  Royster,  Ruffin,  Schenck,  Shipp, 
Smith  of  Johnston,  Smith  of  Macon,  Spruill  of  Bertie,  Spruill 
of  Tyrrell,  Starbuck,  Strange,  Sutherland,  Thomas  of  Carteret, 
Williamson,  Wilson  and  Woodfin — 54. 

Noes — Messrs.  Bagley,  Batchelor,  Battle  of  Nash,  Berry, 
Bunting,  Cannon,  Christian,  Cunningham,  Darden,  Dickson, 
Holmes,  Jones  of  Caldwell,  Leak  of  Anson,  Manning,  McDuffie, 
Michal,  Moseley,  Rayner,  Sander.s,  Setzer,  Smith  of  Hali- 
fax, Speed,  Thompson,  Thornton,  Washington,  Williams  and 
Wooten— 29. 


86  JOURNAL  OF  THE  [4th  Session, 

Mr.  Thompson  moved  to  insert  after  the  word  "  dollars," 
the  words  "or  revenue  law  imposing  additional  taxes,"  which 
was  not  agreed  to. 

Mr:  Calloway  offered  an  additional  section,  as  follows :  The 
legislature  shall  not  pass  any  act  or  resolution  taxing  the  pro- 
perty or  estate  of  any  person  or  class  of  persons  and  exempt 
from  taxation  the  same  kind  of  property  or  estate  in  the  hands 
of  others,  nor  at  a  less  rate  of  taxation,  except  the  property  or 
estate  of  literary,  religious  or  charitable  institutions,  or  public 
property. 

Pending  the  consideration  of  the  amendment, 

Mr.  Badger  moved  to  postpone  the  consideration  of  the  sub- 
ject until  the  next  session  of  the  Convention,  on  which  question 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Speed,  and 
resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Bagley,  Barnes,  Batchelor,  Battle  of  Nash, 
Brown,  Bunting,  Caldwell,  Cannon,  Cunningham,  Darden, 
Dickson,  Duriiam,  Edwards,  Holmes,  Howard,  Jones  of  Rowan, 
Leak  of  Anson,  McDowell  of  Burke,  McDowell  of  Madison, 
McDuffie,  McNeill  of  Cumberland,  Michal,  Moseley,  Pettigrew, 
Rayner,  Royster,  Smith  of  Halifax,  Strange,  Sutherland, 
Thompson,  Thornton,  Williams  and  VVooten — 33. 

Noes— -Messrs.  Allison,  Battle  of  Edgecombe,  Battle  of 
Wake,  Berry,  Bryson,  Calloway,  Christian,  Dick,  Eller,  Foster 
of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell,  Graham,  Ham- 
lin, Holden,  Jones  of  Caldwell,  Joyce,  Lindsay,  Long,  Manning, 
McNeill  of  Harnett,  Meares,  Miller,  Mitchell,  Osborne,  Pen- 
land,  Phifer,  Rhodes,  RuiRn,  Sanders,  Schenck,  Setzer,  Shipp, 
Smith  of  Johnston,  Smith  of  Macon,  Speed,  Spruill  of  Bertie, 
Starbuck,  Thomas  of  Carteret,  Washington,  Wilson  and  Wood- 
fin-44. 

The  question  then  recurred  on  the  amendment  of  Mr.  Callo- 
way, on  which  the  ayes  and  noes  were  ordered,  on  his  motion, 
and  resulted  in  the  negative,  as  follows  : 

Ayes — Messrs.  Bryson,  Calloway,  Eller,  Foster  of  Ashe, 
Hamlin,  Jones  of  Rowan,  Penland,  Pettigrew,  Rayner,  Setzer 
and  Williams — 11. 


1862.]  '  STATE   CONVENTION.  87 

Noes — Messrs.  Allison,  Badger,  Barnes,  Batchelor,  Battle 
of  Edgecombe,  Battle  of  Nash,  Battle  of  Wake,  Berry,  Browiu 
Bunting,  Caldwell,  Cannon,  Christian,  Cunningham,  Darden, 
Dickson,  Durham,  Gorrell,  Graham,  (Iroen,  Holden,  Holmes, 
Houston,  Jones  of  Caldwell,  Joyce,  Leak  of  Anson,  Lindsay, 
Long,  Mann,  Manning,  McDowell  of  Burke,  McDowell  of  Madi- 
son, McDuffie,  McNeill  of  Cumberland,  McNeill  of  Harnett, 
Meares,  Michal,  Miller,  Moseley,  Osborne,  Phifer,  Rhodes, 
Royster,  RuflBn,  Sanders,  Schenck,  Shipp,  Smith  of  Halifax, 
Smith  of  Johnston,  Speed,  Starbuck,  Strange,  Sutherland, 
Thomas  of  Carteret,  Thompson,  Thornton,  Washington,  Wil- 
liamson, Wilson,  Woodfin  and  Wooten — 61. 

Mr.  Badger  moved  to  amend  clause  4,  by  inserting  after  the 
word  "America,"  where  it  last  occurs,  the  words  "or  in  any 
other  war,"  on  which  (juestion  the  ayes  and  noes  were  ordered, 
on  motion  of  Mr.  Michal,  and  resulted  in  tlic  aftirmalive,  a-* 
follows : 

Ayes — Messrs.  Badger,  Barnes,  Battle  of  Edgecombe,  Battle 
of  Nash,  Bunting,  Caldwell,  Cannon,  Cunningham,  Dnrden, 
Dickson,  Durham,  Edwards,  Holmes,  Howard,  Jones  of  Rowan, 
McDowell  of  Burke,  McDowell  of  Madison,  McDuffie,  McNeill 
of  Cumberland,  McNeill  of  Harnett,  Michal,  Miller,  Moseley, 
Osborne,  Pettigrew,  Phifer,  Rhodes,  Royster,  Rufiin,  Setzer, 
Smith  of  Halifax,  Smith  of  Macon,  Strange,  Sutherland, 
Thomas  of  Carteret,  Thompson,  Thornton,  Washington,  Wil- 
liams, Williamson,  Woodfin  an()  Wooten — 42. 

Noes — Messrs.  Allison,  Bagley,  Batcliclor,  Battle  of  Wake, 
Berry,  Bogle,  Bryson,  Christian,  Dick,  Eller,  Foster  of  Ashe, 
Gilmer,  Gorrell,  Graham,  Green,  Hamlin,  Headen,  Holden, 
Houston,  Jones  of  Caldwell,  Joyce,  Leak  of  Anson,  Long, 
Mann,  Manning,  Mitchell,  Penland,  Rayner,  Sanders,  Smith 
of  Johnston,  Speed,  Starbuck  and  Wilson — 33. 

Mr.  Osborne  moved  to  strike  out  the-  section,  but  before  the 
question  was  put,  ' 

Mr.  Ruffin  moved  to  amend  the  section  by  inserting  after  the 
vord  "money,"  in  the  6th  line,  the  words,  "  over  and  above 
the  amount  of  stocks  that  are  or  may  be  held  as  a  sinking  fund/' 
62 


S8  JOURNAL  OF  THE         [4thSbssion, 

Pending  the  consideration  of  this  amendment  the  hour  arrived, 
»nd  the  Convention  took  a  recess  until  4  o'clock. 


4  O'clock,  P.  M. 

The  President  laid  before  the  Convention  a  communication 
from  the  Governor,  transmitting  the  report  of  Gen.  Branch,  of 
the  battle  of  Newbern. 

The  report  and  communication  were  read,  and,  on  motion, 
ordered  to  lie  on  the  table. 

Mr.  Lindsay,  from  the  committee  on  the  subject,  reported 
back  the  ordinance  to  pay  the  oflBcers  and  soldiers  of  the  Cur- 
rituck Guards,  and  recommended  its  passage.  The  report  lies 
over  one  day. 

Mr.  Schenck  offered  a  resolution  to  pay  Robert  Towles  the 
sum  of  twenty  dollars  for  services  as  Page  during  the  pres- 
ent session,  which,  by  general  consent,  passed  the  several  read- 
ings, and  was  ordered  to  be  enrolled. 

Mr.  Houston,  by  consent,  introduced  an  ordinance  to  legal- 
ize the  laying  of  taxes  in  Union  county,  which,  under  a  sus- 
pension of  the  rules,  passed  the  several  readings,  and  was 
ordered  to  be  enrolled. 

Mr.  Barnes,  from  the  committee  to  whom  the  subject  was 
referred,  reported  a  substitute  for  the  ordinance  in  relation  to 
North  Carolina's  quota  of  Confederate  troops,  Avhich  was 
ordered  to  bo  printed. 

Mr.  Christian  moved  to  suspend  the  rules  in  order  to  take  up 
the  ordinance  in  relation  to  the  Cheraw  and  Coalfields  Railroad, 
on  which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Holmes,  and  resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Allison,  Badger,  Barnes,  Batchelor,  Battle 
of  Wake,  Bogle,  Caldwell,  Cannon,  Christian,  Dick,  Foster  of 
Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell,  Graham,  Green, 
Headen,  Holden,  Houston,  Joyce,  Leak  of  Anson,  Lindsay, 
Long,  Manning,  McDuffie,  McNeill  of  Cumberland,  McNeill  of 
Harnett,  Miller,  Mitchell,  Myers,  Pettigrew,  Royster,  Rufiin^ 


1862.]  STATE   CONVENTION.  S9 

Sanders,  Shipp,  Smith  of  Halifax,  Smith  of  Macon,  Speed, 
Spruill  of  Tyrrell,  Starbuck,  Sutherland,  Thomas  of  Carteret, 
Thornton,  Washington,  Williamson,  Wilson  and  Wooten 49. 

Noes — Messrs.  Bagley,  Battle  of  Edgecombe,  Berry,  Bryson, 
Bunting,  Cunningham,  Dickson,  Durham,  Eller,  Holmes,  Jones 
of  Caldwell,  Jones  of  Rowan,  Mann,  McDowell  of  Burke, 
McDowell  of  Madison,  Meares,  Michal,  Moseley,  Penland, 
Rayner,  Rhodes,  Schenck  and  Thompson — 23. 

The  ordinance  was  then  read  the  third  time. 

Mr.  Schenck  moved  to  amend  by  inserting  after  the  word 
"cross,"  the  words,  "or  connect  with,"  which  was  agreed  to. 

The  question  recurred  on  the  final  passage  of  the  ordinance, 
as  amended,  on  which  the  ayes  and  noes  were  ordered,  on 
motion  of  Mr.  Meares,  and  resulted  in  the  affirmative,  as  fol- 
lows: 

Ayes — Messrs.  Allison,  Badger,  Barnes,  Battle  of  Wake, 
Berry,  Bogle,  Bryson,  Caldwell,  Christian,  Dick,  Durham, 
Eller,  Foster  of  Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell, 
Graham,  Green,  Headen,  Holden,  Houston,  Jones  of  Caldwell, 
Joyce,  Kittrell,  Leak  of  Anson,  Long,  Mann,  Manning,  Mc- 
Dowell of  Burke,  McDowell  of  Madison,  McDuffie,  McNeill  of 
Cumberland,  McNeill  of  Harnett,  Mitchell,  Myera,  Royster, 
Ruffin,  Sanders,  Shipp,  Smith  of  Halifax,  Smith  of  Macon, 
Speed,  Spruill  of  Tyrrell,  Starbuck,  Thomas  of  Carteret, 
Washington,  Wilson  and  Woodfin — 48. 

Noes— Messrs.  Bagley,  Batchelor,  Battle  of  Edgecombe, 
Bunting,  Cunningham,  Dickson,  Holmes,  Jones  of  Rowan, 
Meares,  Miller,  Moseley,  Pettigrew,  Rhodes,  Schenck,  Suther- 
land, Thompson,  Thornton,  Williamson  and  Wooten — 19. 

Mr.  Badger  moved  to  suspend  the  rules  so  that  the  ordinance 
for  the  completion  of  the  Western  Railroad  may  be  taken  up, 
and  it  was  agreed  to. 

The  ordinance  was  read  the  third  time,  and  the  question 
being  on  its  final  passage,  the  ayes  and  noes  were  ordered,  on 
motion  of  Mr.  Setzer,  and  resulted  in  the  affirmative,  as  follows: 

Ayes— Messrs.  Allison,  Badger,  Bagley,  Barnes,  Batchelor, 
Battle  of  Wake,  Bryson,  Christian,  Dick,  Durham,  Eller,  Fos- 


m  JOURNAL   OF  THE         [4th  Sbsskw, 

ter  of  Ashe,  Foster  of  Randolph,  Graham,  Green,  Headen, 
Holden,  Jone^  of  Caldwell,  Joyce,  Kittrell,  Leak  of  Atison^ 
Long,  Manning,  McDowell  of  Burke,  McDowell  of  Madison, 
McDuffie,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Mer- 
ritt.  Miller,  Myers,  Osborne,  Penland,  Pettigrew,  Ruffin,  Shipp, 
Smith  of  Macon,  Speed,  Spruill  of  Tyrrell,  Starbuck,  Suther- 
land, Thomas  of  Carteret,  Washington,  Wilson,  Woodfin  and 
Wooten— 4G. 

Noes — Messrs.  Battle  of  Edgecombe,  Berry,  Bunting,  Cun- 
ningham, Holmes,  Houston,  Jones  of  Rowan,  Meares,  Mebane, 
Michal,  Mitchell,  Moseley,  Phifer,  Rayner,  Royster,  Sanders, 
Setzer,  Thompson  and  Thornton — 19. 

The  ordinance  to  authorize  the  Jackson  and  Dalton  Railroad 
Company  to  connect  with  the  railroads  in  this  State,  was,  on 
motion,  postponed  indefinitely. 

Mr.  Gilmer  moved  to  suspend  the  rules  so  as  to  take  up  the 
ordinance  to  complete  the  Cape  Fear  and  Deep  River  Improve- 
ment, on  which  the  ayes  and  noes  were  ordered,  on  motion  of 
Mr.  Berry,  and  resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Allison,  Badger,  Barnes,  Batchelor,  Bryson, 
Bunting,  Christian,  Dick,  Eller,  Foster  of  Randolph,  Gilmer, 
Gorrell,  Graham,  Headen,  Holden,  Houston,  Jones  of  Cald- 
well, Joyce,  Kittrell,  Leak  of  Anson,  Lindsay,  Long,  Mann, 
Manning,  McDuffie,  McNeill  of  Cumberland,  McNeill  of  Har- 
nett, Meares,  Merritt,  Mitchell,  Moseley,  Myers,  Osborne, 
Pettigrew,  Rhodes,  Shipp,  Smith  of  Macon,  Speed,  Spruill  of 
Tyrrell,  Starbuck,  Sutherland,  Thomas  of  Carteret,  Thornton, 
Washington,  Wilson,  Woodfin  and  Wooten — 46. 

Noes — Messrs.  Bagley,  Battle  of  Wake,  Berry,  Cunningham, 
Dickson,  Durham,  Foster  of  Ashe,  Jones  of  Rowan,  McDowell 
of  Burke,  McDowell  of  Madison,  Mebane,  Michal,  Rayner, 
Royster,  Ruffin,  Sanders,  Schenck,  Setzer,  Smith  of  Halifax, 
and  Thompson — 20. 

Mr.  Badger  moved  an  adjournment,  on  which  the  ayes  and 
noes  were  ordered,  on  motion  of  Mr.  Meares,  and  resulted  in 
the  affirmative,  as  follows : 


1862.]  STATE  CONVENTION.  91 

Ayes— Messrs.  Badger,  Batchelor,  Battle  of  Edgecombe, 
Berry,  Bunting,  Caldwell,  Dickson,  Durham,  Eller,  Graham, 
Green,  Holmes,  Iloiiston.  Jones  of  Caldwell,  Jones  of  Rowan 
Mann,  McDowell  of  Burke,  McDowell  of  Madison,  Mebane, 
Michal,  Mitchell,  Moseky,  Phifer,  Rayner,  Rhodes,  Royster^ 
Ruffin,  Schenck,  Setzer,  Shipp,  Smith  of  Halifax,  Speed,  Suth- 
erland, Tliomas  of  Certeret,  Thompson,  Thornton,  Woodfin  and 
Wooten-— 38. 

Noes— Messrs.  Allison,  Bagley,  Battle  of  Wake,  Bryson, 
Christian,  Cunningham,  Dick,  Foster  of  Ashe,  Foster  of  Ran- 
dolph, Gilmer,  Gorrell,  Headen,  Joyce,  Kittrell,  Long,  Man- 
ning, McDuffie,  McNeill  of  Cumberland,  McNeill  of  Harnett, 
Meares,  Merritt,  Miller,  Penland,  Pettigrew,  Sanders,  Smith 
of  Macon,  Starbuck,  Washington  and  Wilson — 29. 

The  Convention  then  adjourned  to  9  o'clock  to-morrow  morn- 
ing. 


IN  CONVENTION,  Saturday,  May  10,  1862. 

The  Convention  met,  the  President  in  the  chair. 

The  journal  of  yesterday  was^ead  and  approved. 

The  President  laid  before  the  Convention  a  communication 
froiti  the  Governor  in  response  to  a  resolution  on  the  subject  of 
retaining  Commissaries,  Quartermasters,  &c.,  after  the  transfer 
of  troops  to  the  Confederate  government ;  also,  a  message  on 
the  subject  of  speculation  and  extortion,  which  were  severally 
read,  and,  on  motion  of  Mr.  Rayner,  ordered  to  lie  on  the 
table,  and  the  first  mentioned  ordered  to  be  printed. 

Mr.  Strange  moved  to  suspend  the  rules  so  as  to  take  up  an 
ordinance  heretofore  reported  by  him  in  relation  to  the  price  of 
grain,  &c.,  and  it  was  not  agreed  to. 

Mr.  Long,  from  the  committee  on  that  subject,  reported  an 
ordinance  in  relation  to  the  salaries  of  clerks  in  the  military 
department,  which  passed  its  first  reading. 

Mr.  Speed  introduced  an  ordinance  directing  the  Secretary 
of  the  Convention  to  advertise  for  proposals  for  the  publication 
of  the  journal  of  the  Convention,  which  passed  its  first  reading. 


92  JOURNAL  OF  THE  [4th  SESsioif, 

Mr.  Green  introduced  an  ordinance  to  allow  persons  driven 
from  their  homes  by  the  enemy  to  vote  for  Governor  of  the 
State,  which  passed  its  first  reading. 

Mr.  Graham  introduced  an  ordinance  in  relation  to  electors 
for  the  Senate,  which  passed  its  first  reading. 

On  motion,  the  rules  were  suspended  and  the  ordinance  read 
the  second  time  and  passed  the  second  reading. 

It  was  then  read  the  third  time,  when  Mr.  Sanders  moved  to 
amend  by  inserting  after  the  word  "months,"  the  words  "and 
of  the  district  in  which  he  proposes  to  vote  for  six  months." 

Mr.  Rayner  moved  to  strike  out  "six"  and  insert  "three," 
which  was  not  agreed  to. 

The  question  recurred  on  the  amendment  of  Mr.  Sanders, 
on  which  the  ayes  and  noes  were  ordered,  at  his  request,  and 
resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Allison,  Batchelor,  Battle  of  Edgecombe, 
Bogle,  Cannon,  Christian,  Dick,  Dickson,  Eller,  Foster  of 
Ashe,  Foster  of  Randolph,  Gilmer,  Gorrell,  Graham,  Green, 
Hamlin,  Headen,  Houston,  Jones  of  Caldwell,  Jones  of  Rowan, 
Leak  of  Anson,  Lindsay,  Long,  Mann,  Manning,  Meares, 
Michal.  Miller,  Penland,  Pettigrew,  Rhodes,  Sanders,  Setzer, 
Shipp,  Smith  of  Halifax,  Smith  of  Macon,  Speed,  Spruill  of 
Bertie,  Starbuck,  Thomas  of  Carteret,  Washington,  Wilson  and 
Woodfin— 43. 

Noes — Messrs.  Bagley,  Barnes,  Battle  of  Wake,  Berry, 
Bryson,  Bunting,  Caldwell,  Durham,  Edwards,  Holmes,  Joyce, 
McDowell  of  Burke,  McDowell  of  Madison,  McNeill  of  Har- 
nett, Mebane,  Mitchell,  Moseley,  Osborne,  Rayner,  Royster, 
Buffin,  Strange,  Thompson,  Thornton  and  Wooten — 24. 

The  ordinance  then  passed  its  third  reading  and  was  ordered 
to  be  enrolled. 

Mr.  Graham  also  introduced  an  ordinance  declaring  what 
ordinances  of  this  Convention  shall  have  permanent  operation, 
which  passed  the  first  reading. 

Also,  an  ordinance  to  provide  for  a  call  of  a  Convention 
to  revise  and  amend  the  Constitution  of  the  State,  which  passed 
its  first  reading. 


1862.]  STATE   CONVENTION.  93 

Also,  a  resolution  in  relation  to  the  printing  of  the  ordi- 
nances and  resolutions  of  the  Convention,  which  passed  its 
first  reading. 

Mr.  Rayner  introduced  an  ordinance  for  the  relief  of  such 
persons  as  may  suffer  from  the  destruction  of  the  records  of 
Hertford  county,  occasioned  by  the  burning  of  the  Court  House 
and  Clerk's  office  by  the  enemy,  which  passed  the  several  read- 
ings, under  a  suspension  of  the  rules,  and  was  ordered  to  he 
enrolled. 

Mr.  Woodfin  introduced  an  ordinance  to  extend  the  time  for 
the  collection  of  taxes  and  the  settlement  with  the  Public 
Treasurer,  which  passed  its  first  reading. 

Mr.  Battle,  of  Wake,  offered  the  following  : 

Resolved,  That  a  committee  of  three  be  raised  to  consolidate 
the  various  provisions  of  the  Constitution  into  one  instrument, 
including  tlie  Constitution  of  177G,  the  amendments  of  1835, 
the  free  suffrage  act  of  1857,  and  the  amendments  adopted  by 
this  Convention,  omitting  all  provisions  which  have  been  repeal- 
ed, and  report  the  same  to  this  Convention. 

He  moved  to  suspend  the  rules  so  that  the  resolution  may  be 
now  considered,  on  which  the  ayes  and  noes  were  ordered,  on 
his  motion,  and  resulted  in  the  affirmative,  as  follows: 

Ayes— Messrs.  Allison,  Bagley,  Barnes,  Batchelor,  Battle 
of  Edgecombe,  Battle  of  Wake,  Berry,  Bogle,  Bunting,  Can- 
non, Christian,  Dick,  Dickson,  Durham,  Eller,  Foster  of  Ran- 
dolph, Gilmer,  Gorrell,  (Traham,  Green,  Hamlin,  Headcn,  Hol- 
den.  Holmes,  Houston,  Jones  of  Caldwell,  Jones  of  Rowan, 
Joyce,  Kittrell,  Leak  of  Anson,  Lindsay,  Long,  Manning,  Mc- 
Neill of  Cumberland,  McNeill  of  Harnett,  Mcarcs,  Mebane, 
Michal,  Miller,  Mitchell,  Osborne,  l*ettigrew,  Rhodes,  Royster, 
Sanders,  Shipp,  Speed,  Spruill  of  Bertie,  Starbuck,  Strange, 
Sutherland,  Thompson,  Washington,  Wilson  and  Wooten — 55. 

Noes — Messrs.  Brysou,  Caldwell,  Edwards,  McDowell  of 
Burke,  McDowell  of  Madison,  McDuffic,  Moseley,  Penland, 
Smith  of  Macon,  Thornton  and  Woodfin — 11. 

Mr.  Speed  moved  to  strike  out  all  after  the  word  "resolved," 
»nd  insert  the  provision  "  that  the  resolution  passed  by  the 


94  JOURNAL  OF  THE         [4th  Session, 

Convention  to  adjourn  on  Tuesday  next  be,  and  the  same  is 
hereby  rescinded,  and  that  the  Convention  will  adjourn  on  Sat- 
urday the  17th  instant,  at  2  oclock,  P.  M.,  subject  to  the  call 
of  the  President,  and  other  regulations  heretofore  passed  for 
the  re-assembling  of  the  Convention. 

Mr.  Manning  moved  that  the  subject  lie  on  the  table,  on 
which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Bad- 
ger, and  resulted  in  the  affirmative,  as  follows  : 

Ayes — Messrs.  Badger,  Barnes,  Batchclor,  Battle  of  Edg^e- 
combe,  Bunting,  Caldwell,  Cannon,  Dickson,  Durham,  Edwards, 
Green,  Holmes,  Houston,  Jones  of  Rowan,  Leak  of  Anson, 
Mann,  Manning,  McDowell  of  Biirke,  McDowell  of  Madison, 
McDuffie,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Michal, 
Miller,  Moseley,  Penland,  Pettigrew,  Rayner,  Royster,  Setzer, 
Smith  of  Halifax,  Strange,  Sutherland,  Thom}>.son,  Thornton, 
Woodfin  and  Wooten — 37. 

Noes — Messrs.  Allison,  Battle  of  Wake,  Berry,  Bogle,  Bry- 
son.  Christian,  Dick,  Eller,  Foster  of  Randolph,  Gilmer,  Gor- 
rell,  Graham,  Hamlin,  Headen,  Jones  of  Caldwell,  Joyce,  Lind- 
say, Long,  Meares,  Mebane,  Mitchell,  Myers,  Osborne,  Rhodes, 
Ruffin,  Sanders,  Shipp,  Smith  of  Macon,  Speed,  Spruill  of 
Bertie,  Starbuck,  Thomas  of  Carteret,  Washington  and  Wil- 
son— 35. 

The  President  laid  before  the  Convention  a  communication 
from  the  Public  Treasurer,  which  Avas  read,  and,  on  motion  of 
Mr.  Graham,  was  referred  to  the  committee  of  Finance. 

On  motion  of  Mr.  Barnes,  the  rules  were  suspended,  and 
the  Convention  proceeded  to  the  consideration  of  the  ordinance 
reported  by  hira  yesterday,  relating  to  the  bounty  of  volunteers. 

Mr.  Rayner  moved  to  amend  by  inserting  after  the  word 
"age,"  in  the  4th  line,  the  words,  "who  have  received  their 
bounty  of  fifty  dollars,  and,"  which  was  not  agreed  to. 

Mr.  Starbuck  moved  to  amend  by  striking  out  all  between 
the  word  "shall,"  in  the  24th  line,  and  the  word  "subject," 
in  the  29th  line,  and  insert  "  decline  to  receive  their  bounty,  or 
who,  having  received  it,  shall  return  the  same,  shall  be  dis- 
charged ;  and  that  all  such  volunteers  as  shall  hereafter  receivt 


1862.]  STATE   CONVENTION.  95 

their  bounty,  and  those  having  received  it,  who  shall  decline 
or  fail  to  return  the  same,  shall  have  their  names  enrolled  by 
the  proper  State  authorities,  and  be  discharged. 
The  amendment  was  not  agreed  to. 

Mr.  Rayner  moved  to  insert  after  the  word  "Congress,"  the 
words,  "shall  be  discharged  on  returning  the  bounty  which 
they  have  received,"  and  it  was  not  agreed  to. 

Mr.  Graham  moved  to  amend  by  striking  out  the  proviso  at 
the  end  of  the  first  section,  on  whicli  the  ayes  and  noes  were 
ordered,  on  motion  of  Mr.  Rayner,  and  resulted  in  the  affirma- 
tive, as  follows : 

Ayes — Messr.s.  Allison,  Badger,  B'agley,  Barnes,  Batchelor, 
Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Bogle,  Bryson, 
Bunting,  Cannon,  Christian,  Dick,  Durham,  Edwards,  Eller, 
Foster  of  Ashe,  Gilmer,  Gorrell,  Graham,  Hamlin,  Headcn, 
Holden,  Holmes,  Houston,  Jones  of  Caldwell,  Jones  of  Rowan, 
Joyce,  Leak  of  Anson,  Lindsay,  Long,  Mann,  Manning,  Mc- 
Dowell of  Madison,  McDuffic,  McNeill  of  Cumberland,  McNeill 
of  Harnett,  Mebane,  Merritt,  Miller,  Mitchell,  Moseley,  Myers, 
Osborne,  Pettigrcw,  Rhodes,  Royster,  Ruffin,  Sanders,  Shipp, 
Smith  of  Halifax,  Smith  of  Macon,  Speed,  Spruill  of  Bertie, 
Strange,  Sutherland,  Thomas  of  Carteret,  Thompson,  Thornton, 
Washington,  Wilson,  Woodfin  and  Wootcn — 64. 

Noes — Messrs.  Green,  Rayner  and  Starbuck — 3. 

Mr.  Smith,  of  Macon,  from  the  committee  on  Enrollments, 
reported  as  correctly  enrolled. 

An  ordinance  to  repeal  the  9th  section  of  an  act  of  the  last 
General  Assembly  in  relation  to  the  Cheraw  and  Coalfields 
railroad ; 

The  ordinance  to  enable  the  Western  Railroad  Company  to 
complete  their  road ; 

The  ordinance  to  legalize  the  laying  of  taxes  in  Union 
county ; 

An  ordinance  for  the  relief  of  those  who  sufi'ered  by  the 
burning  of  the  Court  House  in  Hertfold  county ; 

An  ordinance  in  relation  to  electors  for  the  Senate ; 

Which  were  severally  ratified  in  due  form. 


96  JOURNAL   OF  THE  [4th  Session, 

The  President  laid  before  the  Convention  a  report  of  the 
Board  of  Claims,  which,  on  motion  of  Mr.  Mebane,  was  referred 
to  the  committee  on  that  subject. 

Mr.  Thompson  moved  that  the  Convention  do  now  adjourn  to 
9  o'clock  on  Monday  morning,  on  which  the  ayes  and  noes 
were  ordered,  on  motion  of  Mr.  Strange,  and  resulted  in  the 
negative  as  follows : 

Ayes — Messrs.  Badger,  Battle  of  Edgecombe,  Battle  of 
Wake,  Berry,  Bunting,  Cannon,  Eller,  Graham,  Green,  Hamlin, 
Holden,  Houston,  Jones  of  Rowan,  Mann,  Moseley,  Osborne, 
Rayner,  Rhodes,  Ruffin,  Sanders,  Setzer,  Shipp,  Thompson 
and  Thornton — 24. 

Noes — Messrs.  Allison,  Bagley,  Barnes,  Batchelor,  Bryson, 
Christian,  Dick,  Dickson,  Durham,  Foster  of  Ashe,  Foster  of 
Randolph,  Gorrell,  Headen,  Holmes,  Joyce,  Leak  of  Anson, 
Lindsay,  Long,  Manning,  McNeill  of  Cumberland,  Mebane, 
Merritt,  Michal,  Miller,  Mitchell,  Pettigrew,  Royster,  Smith  of 
Halifax,  Smith  of  Macon,  Speed,  Spruill  of  Bertie,  Starbuck, 
Strange,  Thomas  of  Carteret,  Washington,  Wilson  and  Woo- 
ten— 34. 

The  hour  having  arrived,  the  Convention  took  a  recess  until 
4  o'clock. 


4   O'CLOCK,  P.  M. 

Mr.  Setzer  moved  a  call  of  the  House,  which  being  ordered, 
the  roll  was  called  and  the  following  gentlemen  answered  to 
their  names : 

Messrs.  Allison,  Bagley,  Barnes,  Batchelor,  Battle  of  Edge- 
combe, Battle  of  Wake,  Bryson,  Bunting,  Caldwell,  Dickson, 
Durham,  Edwards,  Eller,  Foster  of  Ashe,  Foster  of  Randolph, 
Gilmer,  Hamlin,  Headen,  Holden,  Holmes,  Joyce,  Lindsay, 
Long,  Mann,  Manning,  McDowell  of  Burke,  McDowell  of  Madi- 
son, McDuffie,  McNeilUf  Cumberland,  Mebane,  Miller,  Mitchell, 
Moseley,  Penland,  Pettigrew,  Rayner,  Rhodes,  Royster,  Ruffin, 
Setzer,  Smith  of  Halifax,  Smith  of  Macon,  Speed,  Spruill  of 


1862.]  STATE   CONVENTION.  97 

Bertie,  Starbuck,  Strange,  Sutherland,  Thomas  of  Carteret, 
Thompson,  Thornton,  Washington,  Wilson,  Woodfin  and 
Wooten — 54. 

On  motion,  Messrs.  Cunningham  and  Donnell  were  excused. 

Mr.  Caldwell  moved  an  adjournment,  and  it  was  not  agreed  to. 

On  motion,  Mr.  Thomas,  of  Jackson,  was  excused. 

Mr.  Battle,  of  Wake,  moved  an  adjournment  until  Monday 
morning  9  o'clock,  and  the  motion  prevailed. 

The  Convention  then  adjourned. 


IN  CONVENTION,  Monday,  May  12,  1862. 

The  President  called  the  Convention  to  order.  Prayer  by 
Rev.  Henry  Ilardie,  of  the  Presbyterian  Church. 

The  journal  of  Saturday  was  read'afld  approved. 

Mr.  Mebane,  from  the  committee  on  that  subject,  reported 
an  ordinance  for  the  payment  of  certain  claims  allowed  by  the 
Board  of  Claims,  which  passed  the  first  reading. 

On  his  motion  the  rules  were  suspended,  the  ordinance  read 
the  second  and  third  times,  passed,  and  ordered  to  be  enrolled. 

Mr.  Battle,  of  Wake,  introduced  an  ordinance  requiring  the 
Public  Treasurer  to  redeem  mutilated  Treasury  notes,  which 
passed  the  several  readings,  under  a  suspension  of  the  rules, 
and  was  ordered  to  be  enrolled. 

Mr.  Osborne  offered  a  resolution  to  rescind  the  order  for 
adjournment,  and  moved  to.  suspend  the  rules  so  as  to  act  on 
the  same  at  this  time.  On  this  question  the  ayes  and  noes 
were  ordered,  on  motion  of  Mr.  Moseley,  and  resulted  in  the 
negative — two-thirds  not  voting  in  the  affirmative — as  follows  : 

Ayes — Messrs.  Allison,  Battle  of  Edgecombe,  Battle  of 
Wake,  Berry,'  Bryson,  Christian,  Dick,  Donnell,  Eller,  Foster 
of  Randolph,  Gilmer,  Graham,'  Hamlin,  lieaden,  Jones  of 
Caldwell,  Joyce,  Long,  Manning,  Meares,  Mebane,  Miller, 
Mitchell,  Osborne,  Pettigrew,  Phifer,  Rhodes,  Ruffin,  Sanders, 
Shipp,  Smith  of  Macon,  Speed,  Spruill  of  Bertie,  Starbuck, 
Thomas  of  Carteret,  Washington  and  Wilson — 36. 


98  JOURNAL  OF  THE  [4th  Session, 

Noes — Messrs.  Bagley,  Barnes,  Batchelor,  Bunting,  Cald- 
well, Cannon,  Cunningham,  Dickson,  Durham,  Foster  of  Ashe, 
Gorrell,  Green,  Holden,  Holmes,  Houston,  Leak  of  Anson, 
Lyon,  Mann,  McDowell  of  Burke,  McDuffie,  McNeill  of  Cum- 
berland, McNeill  of  Harnett,  Michal,  Moselej,  Penland,  Ray- 
ner,  Schenck,  Setzer,  Smith  of  Halifax,  Strange,  Thornton, 
Williams  and  Woodfin — 32. 

On  motion  of  Mr.  Barnes,  the  Convention  proceeded  to  the 
consideration  of  the  ordinance  to  pay  bounty  to  soldiers. 

Mr.  Rayner  moved  to  amend  as  follows  :  That  the  volunteers 
over  thirty-five  years  of  age,  who  have  received  the  bounty  of 
fifty  dollars,  may,  at  their  option,  avail  themselves  of  the  privi- 
lege oiFered  by  the  conscription  law  of  the  Confederate  Con- 
gress, and  have  their  discharge,  on  condition  that  they  return 
the  fifty  dollars  bounty  they  have  received  ;  and  all  those  who 
are  over  thirty-five  years  old  and  have  not  received  the  fifty 
dollars  bounty,  may  receive  the  same  on  condition  that  they 
agree  that  they  will  not  avail  themselves  of  the  privilege 
allowed  them  by  said  conscript  law  ;  and  all  of  the  two  foregoing 
classes  of  volunteers,  .those  who  have  received  their  bounty  and 
shall  not  elect  to  return  the  same  and  continue  in  service,  and 
those  who  not  having  received  the  bounty  shall  elect  to  receive  the 
same  on  condition  that  they  agree  to  remain  in  the  service  for 
three  years  or  the  war,  shall  be  enrolled  by  the  State  authori- 
ties into  a  special  corps,  and  placed  under  the  command  of  Gen. 
James  Martin,  to  be  by  him  organized  into  companies,  regi- 
ments, brigades  and  divisions,  and  when  so  organized,  they 
shall  be  tendered  to  the  President  of  the  Confederate  States, 
upon  the  condition  and  request  that  they  be  retained  within  the 
limits  of  this  State,  for  the  defense  of  the  State,  as  a  compo- 
nent part  of  the  Confederate  States,  against  invasion  and 
inroads  of  the  enemy. 

The  amendment  was  not  agreed  to. 

Mr.  Mitchell  moved  to  amend  by  striking  out  all  between  the 
words  "to,"  in  the  16th  line,  to  "1862,"  inclusive,  Avhich  was 
not  agreed  to. 

The  ordinance  then  passed  the  third  reading  and  was  ordered 
to  be  enrolled. 


1862.]  ^  6TATE   CONVENTION.  99 

Mr.  Mitchell  introduced  a  resolution  authohzing  the  Gover- 
nor to  tender  certain  troops  to  the  Confederate  Stated,  and  to 
make  arrangements  concerning  the  same,  which  passed  its  first 
reading. 

Mr.  Rayner  asked  to  be  discharged  from  serving  on  the  com- 
mittee of  Finance,  and  the  request  was  granted.  Mr.  Mebane 
was  appointed  in  his  place. 

Mr.  Mitchell  moved  to  suspend  the  rules  so  as  to  consider 
the  resolution  just  introduced  by  him,  on  which  question  the 
ayes  and  noes  were  ordered,  on  motion  of  Mr.  Graham,  and 
resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Allison,  Badger,  Bagley,  Barnes,  Batchelor, 
Battle  of  "Wake,  Berry,   Bogle,   Bryson,   Cannon,   Christian, 
Cunningham,  Donnell,  Foster  of  Ashe,   Gilmer,  Gorrell,  Gra- 
ham,  Green,    Hamlin,    Headen,    Holden,  Jones  of   Caldwell 
Joyce,    Leak    of   Anson,    Long,    Mann,    Manning,    McDuffie 
Meares,  Michal,  Miller,  Mitchell,  Pettigrew,  Phifer,  Rayner, 
Rhodes,   Ruffin,   Shipp,   Smith  of  Halifax,   Speed,   Starbuck 
Thomas  of  Carteret,  Washington  and  Wilson — 44. 

Noes — Messrs.   Battle  of   Edgecombe,    Bunting,   Caldwell 
Dickson,  Durham,  Holmes,  Lyon,  McDowell  of  Madison,  Mc- 
Neill of  Cumberland,  McNeill  of  Halifax,  Moseley,  Osborne 
Penland,  Schenck,  Setzer,  Smith  of  Macon,  Strange,  Thornton 
Williams  and  Woodfin — 20. 

Mr.  McDuffie  moved  to  amend  as  follows :  Provided  that  all 
volunteers  who  have  not  been  transferred  to  the  Confederate 
States,  and  who  have  not  received  their  bounty,  and  refuse  to 
take  the  same,  or  having  received,  shall  elect  to  return  it,  and 
who  are  over  thirty-five  years  of  age,  shall  be  discharged  imme- 
diately ;  and  the  amendment  was  agreed  to. 

On  motion  of  Mr.  Graham,  the  resolution  was  referred  to  the 
Military  Committee. 

Mr.  Battle,  of  Wake,  moved  to  reconsider  the  vote  by  which 
the  ordinance  to  pay  certain  claims  alloAved  by  the  Board  of 
Claims,  was  passed;  and  the  motion  prevailed.  He  then  moved 
to  amend  by  inserting  two  other  claims  more  recently  reported 
by  the  Board,  which  amendment  was  agreed  to,  and  as  thus 


100  JOURNAL  OF  THE  [4th  Sbmiox, 

amended,  the  ordinance  passed  the  third  reading  and  was  ordered 
to  be  enrolled. 

Mr.  Ruffin  oficrcd  u  resolution  providing  for  the  publication 
in  the  newspapers  of  the  ordinances  and  resolution?  of  the  Con- 
vention,^ which  was  agreed  to,  under  a  suspension  of  the  rules. 

Mr.  Speed  introduced  an  ordinance  to  repeal  jccrtain  ordi- 
nances amending  the  Constituiion,  but  the  hour  for  the  intro- 
duction of  ordinances  having  passed,  objection  was  raised  and 
the  ordinance  was  withdrawn. 

Mr.  Battle,  of  Wake,  from  the  committee  on  Enrollments, 
reported  as  correctly  enrolled, 

An  ordinance  directing  the  Public  Treasurer  to  redeem  muti- 
lated Treasury  notes,  and  the  same  was  duly  ratified. 

Mr.  Badger,  by  consent,  oilVred  a  resolution  in  favor  of  the 
Doorkeepers,  which  was  adopted,  under  a  suspension  of  the  rules. 

The  orders  of  the  day  were  now  called  for,  Avhen  Mr.  Battle, 
of  Wake,  moved  to  postpone  the  same  in  order  to  take  up  the 
ordinance  to  provide  for  the  oflScc  of  Lieutenant  Governor,  on 
which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Gor- 
rell,  and  resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Badger,  Bagley,  Batchclor,  Battle  of  Edge- 
combe, Battle  of  Wake,  Bunting,  Christian,  Cunningham,  Dick, 
Dickson,  Donnell,  Durham,  Gilmer,  Green,  llolden.  Holmes, 
Joyce,  Lyon,  McDowell  of  Burke,  McDoAvell  of  Madison,  Mc- 
Duffie,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares, 
Michal,  Miller,  Mosolcy,  Ponland,  Phifer,  Rayner,  Rhodes, 
Schenck,  Setzcr,  Smith  of  Halifax,  Strange,  Thornton  and 
Williams— 37. 

Noes — Messrs.  Allison,  Berry,  Bogle,  Bryson,  Cannon,  Eller, 
Foster  of  Ashe,  Foster  of  Randolph,  Gorrell,  Graham,  Hamlin, 
Jones  of  Caldwell,  Leak  of  Anson,  Long,  Mann,  Manning, 
Mebane,  Mitchell,  Pottigrew,  Ruffin,  Sanders,  Smith  of  Macon, 
Speed,  Starbuck,  Thomas  of  Carteret,  and  Wilson — 26. 

The  ordinance  was  then  read  the  third  time. 

Mr.  Battle,  of  Wake,  then  moved  to  amend  aft  follows  :  When 
the  Governor  or  Lieutenant  Governor  shall  be  on  trial,  the 
Chief  Justice  shall  preside,  which  was  agreed  to. 


1862.]  *    STATE   CONVENTION.  101 

Mr.  Speed  moved  to  amend  by  providing  that  before  the 
ordinance  shall  take  effect  it  shall  be  approved  by  the  people 
at  the  ballot  box.. 

Mr.  Barnes  moved  to  amend  the  amendment  by  providing 
that  the  ordinance  shall  have  effect  only  for  the  next  election, 
unless  approved  by  the  people  at  ballot  box ;  which  Avas  not 
agreed  to. 

The  question  was  then  on  the  amendment  of  Mr.  Speed,  on 
which  the  ayes  and  noes  were  ordered,  and  resulted  in  the 
affirmative,  as  follows : 

Ayes — Messrs.  Barnes,  Batchelor,  Battle  of  Wake,  Berry, 
Bogle,  Bryson,  Cannon,  Christian,  Dick,  Donnell,  Eller,  Foster 
of  Randolph,  Gilmer,  Gorrell,  Graham,  lieaden,  Kolden, 
Houston,  Joyce,  Leak  of  Anson,  Long,  Mann,  Manning,  Mc- 
Dowell of  Madison,  Mebane,  Miller,  Osborne,  Sanders,  Shipp, 
Smith  of  Macon,  Speed,  Starbuck,  Thomas  of  Carteret,  AVilson 
and  Woodfin — 35. 

Ayes — Messrs.  Allison,  Badger,  Bagley,  Battle  of  Edge- 
combe, Bunting,  Cunningham,  Dickson,  Durham,  EdAvards, 
Foster  of  Ashe,  Green,  Hamlin,  Holmes,  Jones  of  Caldwell, 
Lyon,  McDowell  of  Burke,  McDuffie,  McNeill  of  Cumberland, 
McNeill  of  Harnett,  Meares,  Michal,  Moseley,  Penland,  Petti- 
grew,  Rhodesj  Ruffin,  Schenck,  Setzer,  Smith  of  Halifax, 
Strange,  Thornton,  Washington  and  Williams — 33. 

Mr.  Badger  moved  that  the  ordinance  lie  on  the  table, 
on  which  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Green,  q,nd  resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Allison,  Badger,  Bagley,  Battle  of  Edge- 
combe, Berry,  Bunting,  Cunningham,  Dick,  Durham,  Edwards, 
Eller,  Foster  of  Ashe,  Gorrell,  Graham,  Green,  Hamlin,  Headen, 
Holmes,  Houston,  Leak  of  Anson,  Long,  Lyon,  Manning,  Mc- 
Dowell of  Burke,  McDowell  of  Madison,  McDuffie,  McNeill  of 
Cumberland,  McNeill  of  Harnett,  Mebane,  Michal,  Miller, 
Mithell,  Orborne,  Penland,  Pettigrew,  Phifcr,  Rhodes,  Ruffin, 
Schenck,  Setzer,  Shipp,  Smith  of  Macon,  Speed,  Thomas  of 
Carteret,  Thornton,  Washington,  Williams,  Wilson  and  Wood- 
fin— 49. 


102  JOURNAL   OF  THE    '      [4th  Session, 

Noes — Messrs.  Barnes,  Batclielor,  Battle  of  \yakc,  Bryson, 
Cannon,  Christian,  Dickson,  Donnell,  Foster  of  Randolph,  Gil- 
mer, Holden,  Jones  of  Caldwell,  Joyce,  Mann,  Meares,  Mose- 
ley,  Sanders,  Smith  of  Halifax,  Starbuck  and  Strange — 20. 

By  general  consent,  the  rule  requiring  a  recess  at  6  J  o'clock, 
was  rescinded  for  this  day. 

Mr.  Smith,  of  Macon,  from  the  committee  on  Enrollments, 
reported  as  correctly  enrolled, 

The  resolution  providing  for  the  printing  of  the  ordinances 
and  resolutions  of  the  Convention ; 

The  ordinance  for  the  payment  of  certain  claims  allowed  by 
the  Board  of  Claims  ;  and 

The  ordinance  to  amend  the  ordinance  relating  to  bounty,  &c. ; 

And  the  same  were  severally  ratified  in  due  form. 

Mr.  Wilson  moved  to  take  up  the  ordinance  providing  for 
the  election  of  Justices  of  the  Peace  by  the  people,  on  which 
question  the  ayes  and  noes  were  ordered,  at  his  request,  and 
resulted  in  the  affirmative,  as  follows  : 

Ayes — Messrs.  Allison,  Berry,  Bryson,  Cannon,  Christian, 
Cunningham,  Dick,  Durham,  Eller,  Foster  of  Randolph,  Gil- 
mer, Gorrell,  Graham,  Hamlin,  Holden,  Joyce,  Leak  of  Anson, 
Long,  Lyon,  Manning,  McDuffie,  McNeill  of  Cumberland,  Mc- 
Neill of  Harnett,  Meares,  Mebane,  Penland,  Rhodes,  Smith  of 
Macon,  Starbuck,  Thomas  of  Carteret,  and  Wilson — 32. 

Noes — Messrs.  Badger,  Bagley,  Batchelor,  Battle  of  Wake, 
Bunting,  Dickson,  Edwards,  Foster  of  Ashe,  Headen,  Jones  of 
Caldwell,  McDoAvell  of  Burke,  McDowell  of  Madison,  Michal, 
Mitchell,  Moseley,  Osborne,  Pettigrew,  Rufiin,  Setzer,  Smith 
of  Halifax,  Strange,  Thornton  and  Woodfin — 23. 

The  hour,  arrived  and  the  Convention  took  a  recess  until  4 
o'clock. 


4  O'clock,  P.  M. 
Mr.  Starbuck  asked  and  obtained  leave  to  change  his  vote  on 
the  motion  of  Mr.  Graham  to  strike  out  the  proviso  in  the  ordi- 


1862.]  STATE  CONVENTION.  103 

nance  reported  by  Mr.  Barnes,  on  the  subject  of  bounty,  &c., » 
made  on  yesterday. 

Mr.  McDuflSe,  from  the  committee  on  the  Fayetteville  and 
Florence  railroad  ordinance,  reported  a  substitute  for  the  same, 
find  recommended  its  passage. 

The  substitute  was  adopted,  and  the  question  being  on  the 
final  passage  of  the  ordinance,  the  ayes  and  noes  were  ordered, 
on  motion  of  Mr.  Batchelor,  and  resulted  in  the  affirmative,  as 
lollows : 

Ayes — Messrs.  Allison,  Badger,  Barnes,  Berry,  Bogle,  Bry- 
8on,  Caldwell,  Cannon,  Christian,  Durham,  Eller,  Foster  of 
Randolph,  Gilmer,  Gorrell,  Graham,  Hamlin,  Headen,  Holden, 
Jones  of  Caldwell,  Leak  of  Anson,  Long,  Lyon,  Mann,  Mc- 
Dowell of  Burke,  McDowell  of  Madison,  McDuffie,  McNeill  of 
Cumberland,  McNeill  of  Harnett,  Meares,  Mebaue,  Mitchell, 
Pettigrew,  Ruffin,  Smith  of  Halifax,  Smith  of  Macon,  Speed 
and  Starbuck — 37. 

Noes — Messrs.  Bagley,  Batchelor,  Battle  of  Edgecombe, 
Battle  of  Wake,  Cunningham,  Dickson,  Donnell,  Edwards, 
Foster  of  Ashe,  Green,  Holmes,  Houston,  Mosetey,  Penland, 
Phifer,  Rayner,  Rhodes,  Sanders,  Schenck,  Setzer.  Strange, 
Thornton,  Washington  and  Williams — 24. 

The  ordinance  was  therefore  ordered  to  be  eni'olled. 

Mr.  Gilmer,  from  the  Committee  on  Finance,  reported  an 
ordinance  to  make  further  provision  for  the  wants  of  the  Treas- 
ury, which  passed  the  first  reading,  and  was  read  the  second 
time,  under  a  suspension  of  the  rules. 

Mr.  Starbuck  moved  to  amend  that  part  of  the  ordinance 
which  relates  to  the  issue  of  small  notes,  by  striking  out  "  ten 
thousand,"  and  inserting  "five  thousand,"  which  was  not 
agreed  to. 

Mr.  Woodfin  moved  to  amend  by  providing  that  ten  thousand 
dollars  in  five  cent  notes,  and  the  same  amount  in  ten  cent 
notes  shall  be  issued,  which  was  agreed  to. 

Mr.  Mitchell  moved  to  amend  by  providing  that  of  the  issues 
authorized,  $800,000  shall  be  of  6s;  $700,000  of  lOs  ;  and 
$500,000  of  20s;  which  was  agreed  to. 
04 


104  JOURNAL  OF  THE         [4th  Session, 

The  ordinance  then  passed  the  second  and  third  readings, 
and  was  ordered  to  be  enrolled. 

Mr.  Strange  moved  to  take  up  the  ordinance  reported  by  him 
to  authorize  the  Governor  to  fix  the  prices  of  articles  of  prime 
necessity,  on  whicli  the  ayes  and  noes  ^Yere  ordered,  on  motion 
of  Mr.  Myers^  and  resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Allison,  Bagley,  Batchelor,  Battle  of  Edge- 
combe, Berry,  Bunting,  Caldwell,  Christian,  Cunningham,  Dick, 
Dickson,  Durham,  Edwards,  Gilmer,  Holmes,  Joyce,  Leak  of 
Anson,  Lyon,  McDowell  of  Burke,  McDowell  of  Madison,  Mc- 
Duffie,  McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares, 
Moseley,  Osborne,  Penland,  Pettigrew,  Rhodes,.  Schenck, 
Smith  of  Halifax,  Smith  of  Macon,  Speed,  Strange,  Thornton, 
Washington  and  Woodfin — 37. 

Noes — Messrs.  Badger,  Barnes,  Battle  of  Wake,  Bogle, 
Bryson,  Cannon,  Donnell,  Eller,  Foster  of  Ashe,  Foster  of 
Randolph,  Gorrell,  Graham,  Green,  Hamlin,  Headen,  Holden, 
Houston,  Jones  of  Caldwell,  Long,  Mann,  Mebane,  Mitchell, 
Phifer,  Rayner,  Ruffin,  Sanders,  Setzer,  Starbuck  and  Thomas 
of  Carteret— 29. 

Mr.  Strange  moved  to  strike  out  the  Ist^  2nd,  3rd  and  5th 
sections,  and  in  lieu  of  the  5th  to  insert  a  section  providing 
that  the  Governor  shall  seize,  for  the  use  of  the  State,  all  arti- 
cles bought  in  its  name,  and  setting  forth  the  mode  of  assessing 
the  value  thereof. 

Mr.  Graham  moved  to  lay  the  ordinance  on  the  table,  on 
which  question  the  ayes  and  noes  were  ordered,  on  motion  of  Mr. 
Strange,  and  resulted  in  the  affirmative,  as  follows : 

Ayes — Messrs.  Allison,  Badger,  Bagley,  Barnes,  Batchelor, 
Battle  of  Wake,  Berry,  Bogle,  Bryson,  Cannon,  Donnell,  Eller, 
Foster  of  Ashe,  Foster  of  Randolph,  Gorrell,  Graham,  Green, 
Hamlin,  Headen,  Holden,  Houston,  Jones  of  Caldwell,  Long, 
Mann,  Mebane,  Mitchell,  Phifer,  Rayner,  Rhodes,  Sanders, 
Setzer,  Smith  of  Macon,  Starbuck  and  Thomas  of  Carteret — 35. 

Noes — Messrs.  Bunting,  Caldwell,  Christian,  Cunningham, 
Dickson,  Durham,  Edwards,  Holmes,  Joyce,  Leak  of  An»on. 
Lyon,  McDowell  of  Burke,  McDowell  of  Madison,  McDuffie, 


1««2.]  STATE   CONA^ENTION.  I05i 

McNeill  of  Cumberland,  McNeill  of  Harnett,  Meares,  Moseley, 
Opborne,  Penland,  Pettigrow,  Kuftin,  Schenek,  Smith  of  Hali- 
fax. Speed,  Strange,  Thornton,  Washington  and  Woodfin — 21>. 

On  motion  of  Mr.  Donnell,  the  CJonveution  look  up  the  ordi- 
nance providing  for  the  collection  of  taxes  in  certain  counties. 
The  same  passed  the  second  ami  third  reading^,  and  was  ordered 
to  be  enrolled. 

On  motion  of  Mr.  Kayner,  the  uidinanee  providing  for  the 
printing  of  the  ordinances  and  resolutions  of  the  t'onveution. 
was  taken  up. 

Mr.  Woodhn  moved  to  strike  out  that  part  which  re(iuircs 
the  Secretai-y  of  State  to  advertise  the  same  to  the  lowest  bid- 
der, which  was  agree<l  to.  Tlio  resolution  then  pas.sed  tlie  sec- 
ond and  third  readings,  and  was  ordered  to  be  enrolled. 

Mr.  Green  moved  to  take  up  the  ordinance  allowing  refugee? 
to  vote  in  elections  for  OoNTrnor,  which  was  agreed  to,  and 
the  ordinance  passed  the  second  and  third  readings,  and  wa;« 
ordered  to  he  enrolled. 

Mr.  Starbuck  moved  to  take  up  the  ordiuaui  e  allowing  cor- 
porate towns  ami  cities  to  tax  slave  property,  and  it  was  agreed  to. 
The  ordinance  was  read  the  second  time.  Mr.  McNeill,  of 
Cumberland,  offered  an  amendment,  pending  the  coubideration 
of  which, 

On  motion  of  Mi-.  Badger,  the  ordinance  was  laid  upon  the 
table. 

Mr.  Ruflin  moved  to  take  up  the  ordinance  to  exempt  mem- 
bers of  the  Society  of  Friends  from  military  service,  on  which 
the  ayes  and  noes  were  ordered,  on  motion  of  Mr.  Meares,  and 
resulted  in  the  affirmative,  as  follows  : 

Ayes— Messrs.  Badger,  Bagley,  Barnes,  Batchelor,  Battle 
of  Edgecombe,  Battle  of  Wake,  Berry,  Bogle,  Bunting,  Can- 
non, Christian,  Dick,  Dickson,  Donnell,  Foster  of  Kandolph, 
Gilmer,  Gorrell,  Graham,  Hamlin,  Hcaden,  Houston,  Long, 
Mann,  McNeill  of  Harnett,  Meares,  Mebane,  Osborne,  Petti- 
grew,  Rayner,  Rhodes,  Ruflin,  Speed,  Staibuck,  Thomas  of 
Carteret,  Washington  and  Woodfin — 30. 


106  .  JOURNAL   OF  THE  [4th  Smsion, 

Noes — Messrs.  Allison,  Bryson,  Caldwell,  Cunningham,  Dur- 
ham, Edwards,  Eller,  Foster  of  Ashe,  Green,  Jones  of  Cald- 
well, Joyce,  Lyon,  McDowell  of  Burke,  McDowell  of  Madison, 
McDufRe,  McNeill  of  Cumberland,  Moseley,  Penland,  Sanders, 
Schenck,  Setzer,  Smith  of  Halifax,  Smith  of  Macon,  Strange 
and  Thornton — 25. 

Mr.  Schenck  moved  to  adjourn,  on  which  the  ayes  and  noes 
were  ordered,  at  his  request,  and  resulted  in  the  negative,  as 
follows : 

Ayes — Messrs.  Bunting,  Caldwell,  Cunninghaui,  Edwards, 
Joyce,  Lyon,  McDowell  of  Burke,  McDuffie,  Penland,  Sanders, 
Setzer,  Smith  of  Halifax,  Strange  and  Thornton — 14. 

Noes — Messrs.  Allison,  Badger,  Bagley,  Barnes,  Batchelor, 
Battle  of  Edgecombe,  Battle  of  Wake,  Berry,  Bogle,  Bryson, 
Cannon,  Christian,  Dick,  Dickson,  Donnell,  Durham,  Eller, 
Foster  of  AshA,  Foster  of  Randolph,  Gilmer,  Gorrell,  Graham, 
Green,  Hamlin,  Headen,  Jones  of  Caldwell,  Long,  Mann,  ilc- 
Neill  of  Harnett,  Mebane,  Osborne,  Pettigrew,  Rhodes,  Ruffin, 
Smith  of  Macon,  Speed,  Starbuck,  Thomas  of  Carteret,  Wash- 
ington and  Woodfin — 40. 

Mr.  Meares  moved  that  it  lie  on  the  table,  on  which  the 
aycB  and  noes  were  ordered,  at  his  request,  and  resulted  in  the 
negative,  as  follows: 

Ayes — Messrs.  Bryson,  Bunting,  Caldwell,  Cunningham, 
Durham,  Foster  of  Ashe,  Joyce,  Lyon,  McDowell  of  Burke, 
McDowell  of  Madison,  McDuftie,  McNeill  of  Cumberland, 
Meares,  Moseley,  Sanders,  Setzer,  Strange  and  Thornton — 18. 

Noes — Messrs.  Allison,  Badger,  Bagley,  Barnes,  Batchelor. 
Battle  of  Edgecombe,  Battle  of  Wake,  Bogle,  Cannon,  Chris- 
tian, Dick,  Dickson,  Donnell,  Eller,  Foster  of  Randolph,  Gil- 
mer, Gorrell,  Graham,  Hamlin,  Headen,  Houston,  Jones  of 
Caldwell,  Long,  Mann,  McNeill  of  Harnett,  Mebane,  Osborne, 
Pettigrew,  Phifer,  Rayner,  Rhodes,  Ruffin,  Smith  of  Macon, 
Speed,  Starbuck,  Thomas  of  Carteret,  Washington  and  Wood- 
tin— 38. 

No  ijuorum  voting. 

Mr.  Badger  moved  to  adjourn,  on  which  the  ayes  and  noes 
were  ordered,  and  resulted  in  the  negative,  as  follows: 


1862.]  ^     STATE   CONVENTION.  107 

Ayes — Messrs.  Badger,  Caldwell,  Cunningham,  Durham, 
Edwards,  Hamlin,  McDowell  of  Burke,  McDufl5e,  Meares, 
Mosele}',  Phifer,  Sanders,  iSetzer,  Strange  and  Thornton — 15. 

Nous — Messrs.  Allison.  Bagley,  Barnes,  Batchelor,  Battle 
of  Edgecombe,  Battle  of  Wake,  Berry,  Bogle,  Bunting,  Can- 
non, Christian,  Dick,  Dickson,  Donnell,  Eller,  Foster  of  Ran- 
dolph, Gilmer,  Gorrell,  Graham,  Green,  Hcaden,  Houston, 
Jones  of  Caldwell,  Joyce,  Long,  Aianu,  McDowell  of  Madison, 
McNeill  of  Cumberland,  McNeill  of  Harnett,  Mebane,  Osborne, 
Pcttigrew,  Rhodes,  Ruffin,  bchenck.  Smith  of  Halifax,  Smith 
of  Macon,  Speed,  Starbuck.  Thomas  of  Carteret,  Washington 
and  Woodfin — 42. 

The  ordinance  under  <onsideration  then  passed  the  third 
reading,  and  was  ordered  to  be  enrolled. 

The  committee  on  Enrollments  reported  the  following  as  cor- 
rectly enrolled,  and  the  same  were  duly  ratified : 

The  ordinance  to  incorporate  the  Fayetteville  and  Florence 
Railroad  Company  ; 

The  ordinance  to  pro\ride  for  the  collection  of  taxes ; 

The  ordinance  to  allow  refugees  to  vote  in  the  election  of 
Governor;  and 

The  ordinance  to  provide  for  the  publication  and  distribution 
of  the  ordinances  and  resolutions  of  the  Convention. 

On  motion  of  Mr.  Woodfin,  the  ordinance  to  allow  further 
time  to  make  their  returns  was  taken  up,  and  the  vote  being 
taken,  it  was  not  agreed  to. 

The  committee  on  Enrollments  reported  as  correctly  enrolled, 

The  ordinance  exempting  members  of  the  Society  of  Friends 
from  military  service ; 

And  the  same  w^as  duly  ratified. 

Mr.  Graham  moved  to  take  up  the  ordinance  to  provide  for 
a  Convention  to  amend  the  Constitution,  on  which  the  ayes  and 
noes  were  ordered,  on  motion  of  Mr.  Rayncr,  and,  not  a  quo- 
rum not  voting,  resulted  in  the  negative,  as  follows : 

Ayes — Messrs.  Allison,  Berry,  Bogle,  Bryson,  Christian, 
Dick,  Eller,  Foster  of  Astie,  Gilmer,  Gorrell,  Graham,  Hamlin, 
Headen,  Jones  of  Caldwell,   Joyce,   Long,  Mebane,  Mitchell, 


108  JOURNAL  OP  THE  [4th  ^issiois', 

OHbonie,  Ruffin,  Sniitli  of  Macon,  Speed.  Stnrbuck  and  AVood- 
fiu— 24. 

Noes — Messrs.  Baglev.  Barnes,  Batchelor,  Battle  of  Edge- 
combe, Battle  of  Wake.  Bunting,  (.^akhvell,  Cannon,  Cunning- 
liam,  Dickson,  Durliani,  Edwards,  Foster  of  Randolph,  Green, 
Holmes,  Lyon,  McDowell  of  Burke,  McDowell  of  Madison, 
McDuffic,  McNeill  of  Cumberland.  McNeill  of  Harnett,  Mose- 
ley,  Pcttigrew,  Phifer,  Rayner,  Rhodes,  Schenck,  Setzer, 
Smith  of  Halifax,  Thornton  and  Washington — 31. 

Then,  on  motion  of  Mr.  Lyon,  the  Convention  adjourned. 


IN  COJVENTIUN,  Tuesday,  May  13,  1862. 

The  President  called  the   Convention  to   order. 

The  journal  of  yesterday  Avas  read  and  approved. 

Mr.  Rayner  moved  to  take  up  the  ordinance  declaring  what 
ordinances  of  the  Convention  shall  have  permanent  operation, 
and  it  was  agreed  to. 

The  ordinance  was  then  read  the  second  time. 

Mr.  McDuffie  moved  to  amend  as  follows :  Provided  that  so 
much  of  the  ordinance  relating  to  the  electors  of  the  Senate, 
as  requires  a  residence  in  the  district  six  months  prior  to  the 
day  of  election,  shall  nbt  have  eftect  until  ratified  by  a  majority 
of  the  qualified  voters  of  the  State,  and  it  was  not  agreed  to. 

The  ordinance  then  passed  the  second  and  third  readings, 
and  was  ordered  to  be  enrolled. 

Mr.  Woodfin,  from  the  Military  Committee,  reported  back 
the  resolution  in  relation  to  the  conscript  law,  recommending 
that  it  do  not  pass.     The  report  lies  over  under  the  rules. 

Mr.  Barnes  introduced  the  following  resolution,  which  was 
unanimously  adopted,  (Mr.  Mebane  in  the  chair.) 

''^Resolved,  That  the  thanks  of  this  Convention  be  and  they 
lire  hereby  tendered  to  the  Honorable  Weldon  N.  Edwards  for 
the  able,  dignifie<l  and  impartial   manner  in  Avhich  he  has  pre- 
sided over  its  deliberations  during  the  present  session." 
jf    Mr.  Holden  introduced  the   following,  which  passed  unani- 
_^  mously  : 


1862.]  STATE   OOm^ENTTON.  109 

'•^Resolved,  imanimondij,  hy  thix;  Convention,  That  the  thank;? 
of  the  people  of  North  Carolina  are  due  and  arc  herehy  ten- 
dered to  the  ladies  of  the  State  for  the  contrihutioni  which 
they  have  made  to  the  Confederate  cause,  and  for  the  patilotic 
ardor  which  they  have  exhibited  in  behalf  of  the  country  in  tlse 
prosecution  of  war.' 

On  motion  of  Mr.  Rayner.  the  doors  were  closed  and  the 
Convention  sat  in  secret  session. 

After  some  time  spent  therein,  the  doors  were  again  opened. 

Mr.  Battle,  of  Wake,  from  the  committee  on  Enrollments, 
reported  as  correctly  enrolled. 

The  ordinance  declaring  what  ordinaijces  of  the  Convention 
shall  have  permanent  operation : 

And  the  same  was  duly  ratified. 

Mr.  Graham  moved  th:it  the  Convention  do  now  adjourn,  and 
the  motion  prevailed. 

The  President  then  arose  and  in  a  short  and  affecting  address 
thanked  the  Convention  for  the  courtesy  extended  to  him  in 
the  position  to  which  they  had  called  him,  took  leave  of  them  as 
a  body,  and  declared  the  Convention  adjourned,  according  to 
its  order,  adopted  some  days  since, 

VVELDON  N.  EDWARDS, 

President  of  the  Convention. 

Walter  L.  Steele,  Principal  Secretary, 

L.  C.  Edwards,  Assistant  Secretary. 


[Note. — The  time  having  expired  within  which,  by  its  own 
order,  the  Convention  should  be  re-assembled,  and  not  having 
bean  called  together  according  to  the  provisions  of  that  order, 
it  stand*  adjourned  tine  die.  Secretary.] 


1  N  I)  E  X 

TO  THE  FIR8T  SESSION  OF  THE  CONVENTION. 


y 


,    AYES  AND  NOES. 

Paok. 
On  amendments,  Ac,  to  the  Ordinance  of  f^ooession.  18,  14 

"  an  amendment  to  the  ordinance  rfttifyin^  the  Constitution  of 

rrovisional  Government  of  the  Confederate  States,  17 

"  laying  on  the  table  a  resolution  in  relation  to  the  constitntion- 

aiity  of  the  Stay  Law,  &c.,  28 

"  laying  on  the  table  an  ordinance  to  repeal  the  3rd  cection  of  ihc 

4th  article  of  the  Constitution,  &c.,  ^0 

•'  adjournments,  87,  4^,  48,  50,   66,  66,    76,  77,  79,   118,  114,  140, 

141,  142,  143,  156,  158,  159,  160,  161 
"  laying  on  the  table  resolutions  against  conferring  on  members  of 

the  Convention  offices  or  appointments  in  the  gift  of  that  body,         40 
"  postponing,  amending,  &c.,  the  ordinance  to  ratifying  the  Con- 
stitution of  Confederate  States  of  America,     41,  44,  52,  69,  70,  71.  72 
*■'  motions  to  go  into  secret  session.  4» 

"  motions  and  Hmcndments  in  reference  to  thf  ordinance  for  the 

defence  of  the  seaboard  counties,  58,  54 

"  the  passage  of  the  same,  its  second  reading,  5r> 

"  resolutions  concerning  the  daily  sittings,  taking  a  recess,  limit- 
ing the  speeches  of  members,  &c.,  61,  61'.,  6j 
^"  tbo  passage  of  the  ordinanre  ratifying  the  Constitution   of  the 

Confederate  States,  72 

"  suspending  the  rules  to  consider  a  resolution  declaring  the  right 

ot  a  State  to  secede  whenever  it  may  have  cause,  75 

"  laying  on  the  table  the  ordinance  for  the  dofence  of  the  ieaboard 

counties,  7(4 

"  postponing  and  amending  the  same,  79.  ^o 

ii^the  passage  of  the  ordinance  its  third  raading,  HI 

'  an  amendment  to  the  resolution  relating  {r>  the  election  of  Con- 
federate Congresbmcn,  84 
'•  a  nio'.ion  to  postpone  the  ordinances  amending  the  2nd  softion  of 

thf'  4th  article  of  amendments  to  the  Constitution,  87 

«.--^'  motions  and  amendments  concerning  the  ordinance  relating  to 

religious  tc6t8  tor  office,  ^i,  1^2 

"  thtt  passage  of  tli«  ordinauc**,  its  second  reading,  93 

()5 


ii  '  INDEX. 

p. vox. 
On  tho  ro>ululion  declaring;  tlic  incompatibility  of  a  soat  in  Ibo  Con- 
vention with  a  spat  in  Congress,  its  second  reading;,  W 
•'  laying  on  tho  table  a  rei^olutipn  declaring  the  opinion   of  the 
Convontion  in  regard  lo  the  'rharac'tcr  of  the  (government   of 
the  Confederate  States,  V'T 
•'  postporing  and  amending,   vte..   the  .nclinance.  relating  to  the 

meeting  of  the  General  A.s.'emhly,  97,  109,  lin,  11  1,  ]]'2,  11:-J,  ijr, 

"  the  past^agc  of  the  ordinance,  its  third  reading,  117 

"  reconsidering  the  vote  by  which  the  Convention  passed  the  ordi- 
nance to  provide  for  thei  dofense  of  the  seaboard  counties  of  the 
State,  ][)•', 

•'  the  final  jins5ag(|  of  the  ordinance.  ]U4 

•'  postponing  special  orders,  108,  13() 

^  "  motions  concerning  the  election  of  Confederate  Congressmen,  117,  118 
•'  laying  on  the  table  a  motion  to  reconsider  the  ordinance  relating 

to  tho  meeting  of  the  General  Assembly,  ]:;!7 

■'  the  motion  to  racousider,  188 

•'  an  amendment  to  the  ordinance,  189 

"  the  final  passage  of  the  ordinance.  1H9 

^  ainondments  ti>  tli.-  ordinance  concerning  taxation,  revenue  and 

the  public  debt.  1«;2,  100,  ](')4,  Kio.  ^W,  1G7.  KiB.  170,  171 

/  *'  postponing  the  ordinance,  ItiU 

^"  the  passage  of  the  uj'dinance  its  third  reading,  17:; 

■'  suspending  the  consideration  of  the  ordinance  to  provide  for  the 

disposition  of  the  State  troops  and  voluuleers,  17'-\ 

"  sustaining  the  decision  of  the  chair,  174 

•'  amending  a  resolution  rescinding  the  or<ler  for  adjournment,     17-'»,  171') 
"  the  I'as^age  of  the  rc.^^olutioh,  17") 

"  amendments  to  the  ordinance  relating  to  the  disposition  of  the 

State  troops  and  volunteers,  181,  182,  18/5 

"  tile  passage  of  the  ordinance  its  second  reading,  18:! 

•'  postponing  the  ordinance  jiroviding  for  the  suffrage  of  soldiers 

while  on  duty,  _  184,  18") 

^  haying  on  the  table  a  resolution  relating  to  issuing  bonds  of  the 
'   State  to  the  "Wilmington,  Charlotte  and   Kutherford    Railroad 

Company,  187 

"  postponing  the  ordinance  to  provide  ways  and  means  for  the  State,      187 
"  amendments  to  the  ordinance.  188,  189 

•'  ])ustponing  the  same,  19(» 

'•  laying  on  the  table  a  motion  to  take  up  from  the  table  an  ordi- 
nance in  relation  to  the  property  of  citizens   who  have  aban- 
doned and  left  the  State,  190 
•  taking  the  ordinance  from  the  table,  191 
"  postponing  the  same,                                                                                          191 


INDEX.  iii 


KLJ'X'TIONH.  &r.  ■^*"*- 


Election  of  President, 

n 

"         Principal  .Sctrtilarv,  t 

Assistflnt  iSecretftry, 
Apj.oiiitinent  of  Principal  and  Assit^tant  Duorkeeper.s  fS 

Note  on  the  Ordinance  of  Secession,  jr, 

Klcction  of  Printer  to  the  Convention,  o^ 

Delegates  to  the  Confederate  Congres.s        ill),  mo,  121. 

122,  12.3,  124,  125,  126,  120,  127 
"         Conimit^sioner?  of  the  Bimrd  of  Claims      12'J,  13(»,  l;jl, 

1-J2,  138,  134 


^%, 


I  N  D  E  X 

TO  THE  SECOND   SESSION   OF  THE  CONVBNTIOK. 


r^ 


JLYB6  ANB  NOES. 

On  fusfiendirig  tli««  rules,  T 
"  laying  on   ilia  table  a  subclitiiU  fur  %  resolution  mi   relation  %e 

adjourntnent,  l^i 
•'  resolutions  of  c(nfld«iieo  in   tlm  ju^liL-e  of  our  cftiiM  and  in  the 

patriotism  and  iiit»'grity  of  the  administration,  N 

laving  on  tho  table  an  ordinance  to  repeal  tho  14th  chapter  of 

ai;ts  of  the  (jenerul  A>s<!nibly,  passed  at  it?  flecond  extra  sessioii,  24 

*•  ameudments  to  tlidordinnnue  to  supprous  speculation,  Ac,  26,  29,  44,74 

"  laving  the  urdinanfo  on  tho  tabl*;,  85 

"  motions  oonccrninj;  tho  daily  sittingR  uf  tho  CuiiVL-ntiou,  tb,  65 

^"  a  motion  to  reconsider  tho  vote  adopting  ao   ordinance  relating 

.to  Treasury  notes,  41 

/^*  the  paiiSRfijc  of  tho  oriiinanee  ih  regard  to  the  supply  of  salt,  49 
"  striking  out  the  second  ono  ot  the  resolution*  disoouritenancing 

party  spirit  during  the  war,  &S 

"  ;i  resolution  conoirning  a  recefls.                                              ^  87 
"  a  re.-*olution  to  oend  a  (..'ouimissionwr  to  Richmond  to  confer  with 
tho  Confederate   authoritie.*   in   rogftrd    to   the  payment  of  ih« 

.  Confederate  tax,  *$ 

•'  laying  on  the  table  an  ordinancB  lo  deliiie  and  puni?h  aeditioH,  &2 

*'  laying  on  tho  table  tho  resolutions  discountenancing  party  spirit,  64 
••  postponing  indefinitely  the  ordinance  to  define  and  punish  sedition,     6i* 

«'  a  gubstiluto  for  an  ovdiniuioe  to  coutuiue  th»  Board  of  Claim!*,  71 

*'  the  passage  of  tlie  ordinanca,  72 
•'  postponing  indefinitely  the  ordinance  and  aniondments  relation 

to  speculation,  78 

•'  the  passage  of  the  ordinanco,  75 
"  laying  on  the  table  the  ordinance  regulating   th*t  drilling  of  the 

militia,  7ft 
^  '♦  motions  to  postpone  the  ordinance  chartering  the  Piedmont  Kail- 
•         road  Company,                                                                                  79,  8»1 


ii  INDEX. 

Pagb. 

On  adjournments,  ^^<  ^^  85,  8*> 

"  laying  on  the  tabic  a  comaaunicatiou  from  the  AOjuttuit  Gonera!,        82 
"  laying  on  the  tiibk-  a  motion  to  take  up  tho  urdinanco  to  perfect 

an  ordinance  in  rdfttioti  ♦lO  the  want*!  of  tho  Treasury.  84 

ELECT10]:^S,  &u. 

Klectioii  of  i\,  Couiijiission'ir  to  tiujierinti-nd  the  numut'ucture  of  suit,  52 


1  X  1)  i:  X 

TO   THE    THIRD   SESSION    OF    THE   00x^'V£NTI0^^ 


AYKS  AN])  NOKS.  ^'*'*^*" 

On  rcforriiig  to  k  select  romniittpe  an  ordinance  to  perfect  an  ordi- 
nance to  provide  for  the  wants  of  the  Trea?ury,  7 
•'  the  pafsnge  of  the  ordinance,                               '                                        ^ 
"  postponing  the  ordinance  to  clmrt.T  M.o  Pi.dmuut  Kailroad  Com- 
pany, 
"  «dj^"i'""'^-"t.                                                                                         ,0,  87,  08 
"  postponing   the   ordinance   relating    to    the   Chatham    llailroad 

/     "  the  passage  of  the  ordinaii.e   to    re,.,.al    the   4th    section    of  thu 

Revenue  Act, 
/  "  the  passage  of  the   ordinance   reij.ting  to  the  act  to  incorporate 

the  Chatham  llailroad  Company,  its  third  reading,  [g 

,,'^  laying  on  tlio  table  a  motion  to  take  np  the  ordinance  to  charter 

the  Piedmont  llailroad  Company,  .,5 

"  postponing  IndeBnitely  the  ordinance  in  relation  to  the  Stay  Law,        i>9 
"  laying  on  the  table  a  resolution   in  relation   to  the  subjects  to  be' 

considered  by  the  Convention,  "  ..^.j 

^^>'  the  passage  of  the  ordinance  to  incorporat.-  the  Washington  aiul 

Tarboro'  Railroad  Company,  its  second  reading,  ;;- 

^^,."  amending  the  ordinance  to  charter  the  Piedmont'  llailroad  Com- 


pany, 


38,  :j9 


"  suspending  the  rules  to  put  the  ordinance  o,,  its  third  reading,  '  48 

^  ^,  "  the  final  passage  of  the  ordinance,  '  aq 

"  the  subject  of  taking  a  recess,  adjournujont.  Arc,  47,  73,  7.i_  7^5 

"  laying  the  resolution  and  amendments  on  the  table,  '       '       '  48 

"  referring  to  a  select  committee,  ic 
"  postponing  the  ordinancP  in  rplatVm  to  North  Carolina',  (piota  of 

Confederate  troop?,  ^ 

"  going  into  secret  session.  ro 
"  laying  on  tho  table  a  motion  to  suspend  the  ruk>  tn  .-onsid.'r  reso. 

lutions  relating  to  a  recosn,  ^^ 
••  amending  the  ordinance  to  provide»:Nortli  Caroiinas  qaola  ,,f 

Coufederaie  trorms,  ci    c.-.  r... 


/ 


^  INDEX. 

TA<i%. 

kya  the  paeeage  of  the  ordinance  to  provide  for  the  assumption  Rnd 

payment  of  tho  Confederate  tax,  it«  second  reading,  «J7 

"  laying  on  the  table  ft  motion  to  take  up  the  ordinance  in  relation 

to  the  Cheraw  and  Coalfields  Railroad,  71 

»^«*  laying  on  the  t)\ble  the  ordinance  to  provide  for  the  office  of 
'j        Lieutenant  Governor,  72 

' "  a  motion  to  consider  tho  ordinance  reported  by  the  Military  Corn' 

mittee  in  relation  to  North  Carolina's  qnntn  of  troops,  76 

"  amendments  to  the  ordinance,  77 

'*  printing  a  document  accompanying  the  report  of  tho  Board  of 

Claims,  78 

"  laying  on  the  table  an  amendment  to  the  rules  of  tho  ConventioTi,        79 
-i  "  amendmente  to  the  ordinance  in  relation  to  the  distillation  of 
^       grain,  81,  83,  84,  86,  86,  89,  90,  91,  92,  93,  94 

.  «■'  reconsidering  the  vote  adopting  an  amendment  proposed  by  M/. 

Badger,  86 

/'*'  the  passage  of  the  ordinance,  its  third  reading,  % 

"  adjournment,  87,  88,  107 

"  the  passage  of   an  ordinance  exempting  person.*  over  4o   from 

militia  duty,  37 

"  reconsidering  the  vote  by  which  the  ordinance  to  suppres!*  the 

distillation  of  grain  passed,  99 

"■  1^  motion  to  take  up  the  ordinance  to  define  and  punish  sedition,        100 
"  an  amendment  to  the  ordinance  supplemental  to  the  ordinance 

authorizing  the  issue  of  Treasury  notes,  104 

—i  "  suspending  the  ru'es  to  put  an  ordinance  to  encourage  the  manu- 

fticture  of  Cotton  and  Wool  Cards,  on  its  several  readings,  106 

,  *'  taking  up  the  ordinance  to  exempt  Quaker?  from  military  service,      106 
"  amending  a  motion  to  rescind  tbe  order  for  adjournment,  107 

"  laying  the  motion  on  the  table,  108 

•'  amending  an  ordinance  to  raisa  troops  for  the  defen?<5  of  the  State,     109 
"  amendments  to  the  resolution  rescinding  the  order   for  adjourn- 
ment, 109,  110 
"  taking  up  tbe  ordinance  to  raise  troops  for  the  defense  of  the 

State,  II** 

"  an  amendment  to  au  amendment  to  the  same.  112 

"  laying  the  whole  subject  on  the  table,  113 

''  the  passage  of  the  ordinance  conferring  on  the  Commissioners  of 
tka  tOTrn  of  Wilmington  certain  power?  ftr  the  defense  of  said 
town,  115 

"  amendments  tb  the   ordioHn?©   to   provide    for    the  fuading  of 

Treasury  notes,  115,  Ht5 

"  u»eonsidering  tbe  vote  adopting  an  am«ridm«nt,  117 

"  layiag  on  the  tabU  an  ordiaaace  allowiag  drafted  militia  to  eko^M 

their  «wa.  oficsr*,  118 


T  N  D  E  X 

TO  THE  FOUHTH  SESSION   OF  THE  CONVENTION. 


AYES  AND  NOEf?. 

Paue. 
On  puetpouing  the  ordinance  in   lulution    to  the  C'h«raw  »nd  CuhI- 

liolds  Rftilroad,  5 
"  layint;  on  the  tabic  the  ordiniincp  to  establish  the  office  of  L'cul- 

enant  Governor,  (i 

•'  an  amondmoiit  to  the  ordinnncp,  7 

'*  striking  out  th«  Uth  so^:sion.  7 

"  laying  the  subject  on  tho  tablo,  ^ 
"  consideriuf;  tho  order  in  regard  to  a  disposition   of  the  con>titu- 
tional  anicndtoont'*  finbracod  in  certain  resolutions  airroed  to  on 

motion  of  Mr.  Graham,  10 

"  an  umondmonl  uflt'reJ  by  Mi .  Howard,  10 

"  layinj;  on  tablf  a  r<'.-oliitit>u  lixing  a  day  of  adjournment,  ll> 
"  amendm^nt.i  to  the  ordinance  in  rejjard  lo  the  election  of  (lovei- 

nor,  14,  15,  IG 
"  the  passage  of  the  ordinance,  10 
"  laying  on  the  table  the  subject  of  i-xempting  l^uakers  froju  mili- 
tary duty,  17 
'•  amendments  to  the  ordinancn,'  18,  2\,  22  25 
"  adjournment.  19,  40,  46,  58,  59,  08,  82,  90,  %,  106,  T07 
"  laying  on  i\\f^  tablo  a  m.ilion  to  take  up  Mr.  Howard's  resolution 

relating  to  adjournment,  20 

"  po.^tponing  the  .special  order.-;,  21 

"  postponinfT  the  ordinance  exempting  l^uakora  from  military  duty,  25 

"  laying  on  the  table  the  ordinance  amending  the  Bill  of  I'ight^,  2G 

"  amendments  to  the  same,  27 

"  the  resolution  in  r<-fereiu;e  to  adjournment,                             29,  ;iU,  ol  32 

"  postponing  the  tirder.s  of  the  day,  29 
"  su.«pending  the  rules  to  consider  resolutions   iu  relation   to   the 

order  of  bu.sines.«,  &e.,  ;j4 

"  amendments  to  the  resolution.*,                                                      :i4,  3,5^  ytj 

"  laying  them  on  the  talde,  ;^5 

"  postponing  indefinitely.  ^7 

•'  postponing  the  orders  of  the  ordtrs,  87 

•■'  the  adoption  of  resolutions  relating  to  the  order  of  busino?..-,  iS 

or, 


ii  INDEX. 

Pac-b. 
Oh  anicndiiiont:^  to  the  ordinance  in  relation  to  the  Legislative  Dc- 
jjurtment  of  the  Constitution.     43,  48,  49,  60,  54,  65,  61,  64;  <>5, 

71,  85,  8«,  87 
"  a  motion  to  grant  a  loave  i>f  absence,  44 

"  Inying  on  the  table  the  ordinance  to  define  and  punish  sedition,  45 

"  liiying  on  the  table  resolutions  to  go  into  secret  session  to  con- 

.■iider  the  subject  of  a  supply  of  salt.  47 

"  postponing  indefinitely  the  ordinance  to  define  and  punish  scditiou,     61 
"  laying  on  the  table  a  motion  to  rescind  that  part46f  an  order  pro- 
viding for  uigh't  ses-sious,  5-8 
"  laying  on  the  table  the  ordinance  to  amend  the  constitution  in 

relation  to  Justices  of  the  Peace,  61 

"  Uiying  on  the  table  the  (Ordinance  in  relation   to  the  Executive 

Department,  ti- 

••  laying  on  the  table  the  ordinance  in  relation  to  the  8th  section,  0'3 

■'  .suspending  the  rules  to  take  up  a  resolution  in  relation  to  a  sup- 
ply of  salt,  tio* 
•"'  laying  on  the  table  a  substitute  for  the  ordinance  to  enable  tlie 

AVestern  Kailroad  to  complete  their  road,  G6 

"  th«  passage  of  the  ordinance,  its  second  and  third  readings.  (■i7 

"  i^usponding  the  rules  that  an  ordinance  to  incorporate  the  Seponab 
Iron  jilanufacturing  Company  might  be  passed  its  beveraJ  read- 
ings,  ^  _  b9 

"  postponing  the  ordinance  in  relatitm  to  the  Legislative  Depart- 

partment  of  the  ConstitutioJi,  70 

"  a  motion  to  recommit  the  ordinance  in  relation   to  a  supply  of 

salt,  71 

*'  laving  on  the  tablt;  the  ordinance  in  relation  to  the  Cheraw  and 

Coalfields  llailroad,  72 

"  suspending  the  rules  to  put  the  ordinance  on  its  third  reading,  7S 

"^sustaining  the  decision  of  the  chair,  74 

"  referring  to  a  select  Vonimittee  a  resolution   in   relation  to  Cfljit 

Edwards'  Rifle  Battery,  76 

"  granting  leave  to  introduce  a  resolution  in  volation  to  adjourn- 

meut,  77 

"  suspending  the  rules  in  order  to  pass  its  several  readings  a  reso- 
lution granting  aid  to  a  company  in  Mecklenburg  to  establish 
a  rifle  factory,  78 

•'  laying  on  the  table  the  ordinance  to  restore  the  courtt,  7^1 

"  a  resolution  to  increase  the  salaries  of  the  Treasurer,  Secretary 

of  State,  and  Comptroller,  7^ 

'«  the  passage  of  the  resolution  in  favor  of  the  Western  N.   C 

llailroad  Company,  8t' 

•'  an  amendment  to  the  ordinance  to  enlarge  th«  powers  of  the 

Commissioners  of  the  City  of  Kaleigli,  Si 


<^n  Injing  "U  <>Ue  tab)*  Uie  uidiDKucs  in  rftl«tiuH   tw  Xh*  LegMatir* 

department  of  the  ConsUtulioB,  84 

•  postponiug  the  ordinance.  86 

"  suspending  tlie  rule?  to  take  up  the  urdinauce  u*  reUlioa  t<i  iha 

Cheraw  and  Coalflelds  Railrond  Company,  88 

•'  the  liunl  passage  «f  the  ordinHnre,  88 

•'  the  final  pupsBge  of  the  ordinance  for  tha  coinpletiou  of  the  Wes- 
tern Railroad  Company,  89 
'•  iusponding  the  rule--   to  take  uji   the  ordinanc-*   to  complete  the 

Cape  Fear  and  Deep  River  Improvement,  SK> 

'-'  au  amendment  to  an   ordinance  in  relation   to  electors  for  the 

Senate,  92 

"  siiapeuding  the  rule^  to  consider  a  re::olutioD  in  relation   to  tlie 

appointment  of  a  committee  to  consolidate  the  variooe  proTtsion^ 

of  the  Constitution,  5*3 

'*  laying  the  resolution  on  the  tabic,  5*4 

•'  na  amendment  to  the  ordinance  relative  to  tho  bounty  of  soldiers,        8o 
'•  suspending  tho  rules  to  act  on  a  resolution  rescinding  the  order 

for  adjournment,  97 

'  suspending  the  rulw-  to  considiT  a  resolution   authorizing  tho 

Governor  to  tender  certain  troop-  to  tho  C-onfcilerate  States,  &c.,        99- 
''  postponing  the  order?  of  the  day,  106 

"  an  amondraont  to  Uie  ordinance  lo  provide  for  the  office  of  Lieut> 

cnant  Governor,  101 

<'  laying  the  ordinancy  on  tlio  table,  101 

"  tnking  up  tho  ordinance  providing  for  the  election  of  Jubtic«6  o-f 

the  Peace  by  tho  people,  102 

"  tho  final  passage  of  the  ordinance  in  relation  to  tho  Fayetleville 

and  Florence  Railroad.  1-08 

••  taking  up  tho  ordinance  to  authorize  the  Orovernor  to  fix  the 

prices  of  artcles  of  prime  necessity,  104 

"  laying  the  ordinance  on  tho  table,  104 

'•  taking  up  the  ordinance  to  exempt  member*  of  the  boeietjr  of 

Friends  from  military  service,  105 

"  laying  the  same  on  the  table,  106 

"  taking  up  the  ordinance  to  provide  ^or  a  Conveulien  to  aat«nd 

the  Constitutioa,  107 


"% 


■ 

kiisS&.. 

•^ 

Date  Due 

.  .      f 

^■fcj>  ^E. 

'i 

m 

*te.'i?  I  100 

'''  T  5  -iJ 

. 

Aye  2  1  '30 

•■^' 

Keh  -^  "-? ' ., 

r 

r"\ 

/  v-;!,) ,  , 

, 

/ 

/ 

/ 

/ 

/ 

L.  B.  Cat.   No.  1137                                 / 

DATE  DUE 

f7  3.7131 


'    \ 


